`571-272-7822
`
`
`Paper No. 41
`
` Entered: November 2, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`E. I. DU PONT DE NEMOURS AND COMPANY AND
`ARCHER-DANIELS-MIDLAND COMPANY,
`Petitioners
`v.
`
`FURANIX TECHNOLOGIES B.V.,
`Patent Owner.
`____________
`
`Case IPR2015-01838
`Patent 8,865,921 B2
`____________
`
`
`Before TONI R. SCHEINER, SHERIDAN K. SNEDDEN, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-01838
`Patent 8,865,921 B2
`
`
`Petitioners E.I. DuPont De Nemours & Company and Archer-Daniels-
`
`Midland Company, and Patent Owner Furanix Technologies B.V. have both
`
`requested an oral hearing pursuant to 37 C.F.R. § 42.70. Papers 33 and 37.
`
`The requests are granted. Oral arguments will commence at 10:00 AM
`
`Eastern Time on November 16, 2016, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`Each side will have forty-five minutes to present arguments.
`
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`
`review are unpatentable. Petitioner will, therefore, begin by presenting its
`
`case regarding the challenged claims and grounds for which the Board
`
`instituted trial in the proceeding. Patent Owner will then respond to
`
`Petitioner’s arguments. Petitioner may reserve time to reply to arguments
`
`presented by Patent Owner. There is no motion to amend pending in this
`
`proceeding.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`provide a court reporter, and the transcript shall constitute the official record
`
`of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven (7) business days before the hearing. The parties are directed to
`
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`
`(Paper 65), regarding the appropriate content of demonstrative exhibits. The
`
`Board expects that the parties will meet and confer in good faith to resolve
`
`any objections to demonstrative exhibits, but if such objections cannot be
`
`resolved the parties may file any objections to demonstratives with the
`
`
`
`2
`
`
`
`IPR2015-01838
`Patent 8,865,921 B2
`
`Board at least two business days before the hearing. The objections should
`
`identify with particularity which portions of the demonstrative exhibits are
`
`subject to objection, include a copy of the objected-to portions, and include a
`
`one-sentence statement of the reason for each objection. No argument or
`
`further explanation is permitted. The Board will consider any objections and
`
`schedule a conference call if deemed necessary. Otherwise, the Board will
`
`reserve ruling on the objections. Any objection to demonstrative exhibits
`
`that is not timely presented will be considered waived.
`
`The parties also shall provide the demonstrative exhibits to the Board
`
`at least two business days prior to the hearing by emailing them to
`
`Trials@uspto.gov. Despite the requirement in § 42.70(b) for parties to file
`
`demonstratives, the parties shall not file any demonstrative exhibits in this
`
`case without prior authorization from the Board. A hard copy of the
`
`demonstratives should be provided to the court reporter at 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
`
`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 hearing, the
`
`Board should be notified via a joint telephone conference call no later than
`
`two (2) business days prior to the hearing to discuss the matter.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made five (5) days in advance of the hearing date. The
`
`
`
`3
`
`
`
`IPR2015-01838
`Patent 8,865,921 B2
`
`request is to be sent to Trials@uspto.gov, any requests not sent specifically
`
`to that email address will not be considered timely. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`It is
`
`
`
`ORDERED that oral argument will commence at 10:00 AM ET, on
`
`November 16, 2016.
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2015-01838
`Patent 8,865,921 B2
`
`
`
`
`PETITIONER:
`
`Michael Marcus
`mmarcus@blankrome.com
`
`Dipu Doshi
`ddoshi@blankrome.com
`
`Jonathan England
`jwengland@blankrome.com
`
`
`PATENT OWNER:
`
`Paul Richter
`prichter@kenyon.com
`
`
`
`
`5
`
`
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