`
`
`
` Entered: September 6, 2016
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ALLSTEEL INC.,
`Petitioner,
`
`v.
`
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.,
`Patent Owner.
`____________
`
`IPR2015-01691
`Patent 8,024,901 B2
`_______________
`
`
`
`Before SALLY C. MEDLEY and SCOTT A. DANIELS,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`On September 2, 2016, a conference call was held involving counsel for the
`
`respective parties and Judges Medley, Daniels, and Harlow. The purpose of the
`
`conference call was for Patent Owner to seek authorization to file a motion for
`
`observations, or alternatively a table, to direct the panel’s attention to certain
`
`testimonial evidence. The request to file a motion for observations or a table was
`
`opposed by Petitioner.
`
`During the conference call, Patent Owner alleged that Petitioner raised
`
`incorrect assertions about Patent Owner’s expert in Petitioner’s Reply. In order to
`
`respond to the assertions, Patent Owner requested authorization to file a motion for
`
`observations regarding certain portions of cross-examination and re-direct
`
`examination testimony of Patent Owner’s expert witness. Alternatively, Patent
`
`Owner requested authorization to file a table citing relevant portions of the cross-
`
`examination and re-direct examination testimony of Patent Owner’s expert witness.
`
`Patent Owner explained that due to the length of the transcript of the expert witness,
`
`and because the redirect testimony may be overlooked by the panel, Patent Owner
`
`believed it would be helpful to direct our attention to certain portions of the
`
`testimony.
`
`Patent Owner’s proposed observations or table are not contemplated per rule
`
`or scheduling order (paper 11) governing this proceeding. We considered the
`
`arguments made by Patent Owner and Petitioner during the conference call, and
`
`determined that, based on the facts of this case, the proposed motion for
`
`observations or table are not warranted or necessary. For the foregoing reasons,
`
`Petitioner’s request to file a motion for observations or table is denied.
`
`
`
`2
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`It is
`
`Order
`
`ORDERED that Patent Owner’s request to file a motion for observations or a
`
`table is denied.
`
`
`
`PETITIONER:
`
`Victor Jonas
`Victor.jonas.ptab@faegrebd.com
`
`Trevor Carter
`Trevor.carter@faegrebd.com
`
`Nicholas Anderson
`Nick.anderson@faegrebd.com
`
`Timothy Sullivan
`timothy.sullivan@faegrebd.com
`
`
`
`PATENT OWNER:
`
`Chad E. Nydegger
`cnydegger@wnlaw.com
`
`Michael J. Frodsham
`mfrodsham@wnlaw.com
`
`David R. Todd
`dtodd@wnlaw.com
`
`
`
`
`3
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