`571-272-7822
` Date Entered: September 16, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALLSTEEL INC.,
`Petitioner,
`v.
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01691
`Patent 8,024,901 B2
`____________
`
`Before SALLY C. MEDLEY, SCOTT A. DANIELS, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`Both parties request a hearing in this case pursuant to 37 C.F.R.
`§ 42.70. The requests are granted.
`Each party will have sixty (60) minutes total time to present
`arguments for the case. Petitioner will proceed first to present its case with
`respect to the challenged claims and grounds for which the Board instituted
`trial for all cases. Thereafter, Patent Owner will respond to Petitioner’s
`
`
`
`
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`presentation for all cases. Petitioner may reserve rebuttal time to respond to
`Patent Owner’s presentation with respect to all cases.
`The hearing will commence at 1:00 PM Eastern Time, on October 13,
`2016, and it will be open to the public for in-person attendance, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first-come first-served
`basis. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five (5) business days prior to the hearing. They shall be filed at the Board
`two (2) business days prior to the hearing, and the parties must initiate a
`conference call with the Board by two (2) business days prior to the hearing
`to resolve any dispute over the propriety of each party’s demonstrative
`exhibits. Any dispute over the propriety of demonstrative exhibits that is not
`timely presented two (2) business days prior to the hearing will be
`considered waived. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (October 23,
`2013), regarding the appropriate content of demonstrative exhibits.
`At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection screen
`in the hearing room. The parties are reminded that the presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) referenced during the hearing to avoid confusion, and to
`ensure the clarity and accuracy of the reporter’s transcript.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`2
`
`
`
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`equipment are to be made five (5) business days in advance of the hearing
`date. The request is to be sent to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`The parties are reminded that the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`The Board expects lead counsel for each party to be present at the
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the hearing,
`the Board should be notified via a joint telephone conference call no later
`than two days prior to the hearing to discuss the matter.
`
`3
`
`
`
`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
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