`Entered: September 22, 2016
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`EMERSON ELECTRIC CO.,
`Petitioner,
`
`v.
`
`SIPCO, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-01973
`Patent 8,013,732 B2
`_______________
`
`
`
`Before LYNNE E. PETTIGREW, STACEY G. WHITE, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`
`WHITE, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`IPR2015-01973
`Patent 8,013,732 B2
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`The Amended Scheduling Order (Paper 15) for this proceeding provided that
`an oral hearing would be conducted on October 28, 2016, if the hearing is
`requested by the parties and granted by the Board. Patent Owner and Petitioner
`requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 18, 19. The requests
`are granted.
`Please note the time and location of the hearing. The hearing will
`commence at 2:00 PM on October 28, 2016, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. The Board will provide a
`court reporter for the hearing and the reporter’s transcript will constitute the
`official record of the hearing. The hearing will be open to the public for in-person
`attendance that will be accommodated on a first-come, first-served basis. If the
`parties have any concern about disclosing confidential information, they are to
`contact the Board at least 10 days in advance of the hearing to discuss the matter.
`Each party will have forty-five (45) minutes of total oral argument time.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
`this review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board instituted
`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`argument. Petitioner may reserve rebuttal time to respond to arguments presented
`by Patent Owner.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
`deposition testimony must file such testimony as an exhibit. The Board will not
`consider any deposition testimony that has not been so filed. Furthermore, under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least seven business
`days before the hearing date. The parties also shall provide a courtesy copy of any
`demonstrative exhibits to the Board at least five business days prior to the hearing
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`IPR2015-01973
`Patent 8,013,732 B2
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`by emailing them to Trials@uspto.gov. The parties shall not file any
`demonstrative exhibits in this proceeding without prior authorization from the
`Board.
`The parties must file any objections to the demonstratives with the Board at
`least two business days before the hearing. Any objection to demonstrative
`exhibits that is not presented timely will be considered waived. The objections
`should identify with particularity which demonstratives are subject to objection
`and include a short (one sentence or less) statement of the reason for each
`objection. No argument or further explanation is permitted. The Board will
`consider the objections and schedule a conference if deemed necessary.
`Otherwise, the Board will reserve ruling on the objections until after the oral
`argument. 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), for guidance regarding the appropriate content of
`demonstrative exhibits. No live testimony from any witness will be taken at the
`oral argument.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument. If
`either party expects that its lead counsel will not be attending the oral argument,
`the parties should initiate a joint telephone conference with the Board no later than
`two business days prior to the oral hearing to discuss the matter.
`Any special requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`presented in a separate communication not less than seven business days before the
`hearing, directed to the above email address.
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`IPR2015-01973
`Patent 8,013,732 B2
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`PETITIONER:
`Donald L. Jackson
`djackson@dbjg.com
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`PATENT OWNER:
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
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