`571.272.7822
`
`Paper 33
`Entered: November 2, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ANCESTRY.COM DNA, LLC,
`Petitioner,
`
`v.
`
`DNA GENOTEK INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00060
`Patent 8,221,381 B2
`____________
`
`
`
`Before WILLIAM V. SAINDON, HYUN J. JUNG, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
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`The Scheduling Order for this case sets the date for oral hearing as
`December 6, 2016, if a hearing is requested by the parties and granted by the
`Board. Paper 20. Both parties have requested oral hearing pursuant to 37
`C.F.R. § 42.70. The parties’ request for oral hearing are granted.
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`Case IPR2016-00060
`Patent 8,221,381 B2
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`Petitioner will have 30 minutes to present argument in this case.
`Patent Owner will have 30 minutes to respond. 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 hearing will commence at 10 A.M. ET on December 6, 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.
`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, 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 by e-mailing them to Trials@uspto.gov.
`The parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board.
`The parties shall meet and confer to resolve any objections to
`demonstrative exhibits. The parties must file any unresolved objections to
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`the demonstratives with the Board at least two business days before the
`hearing. Any objection to demonstrative exhibits that is not timely
`presented 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, IPR2013-00041 (PTAB
`January 27, 2014) (Paper 65), for guidance regarding the appropriate content
`of demonstrative exhibits.
`The parties are reminded that each 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 in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. The parties may divide argument among counsel as they wish.
`Should there be any disagreement among the parties on the division of
`argument, the parties shall meet and confer in advance of the hearing to try
`to resolve the dispute, and, if necessary, contact the Board for assistance.
`If any 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.
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`Any special requests for audio visual 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 five days before
`the hearing directed to the above e-mail address.
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`It is
`
`ORDERED that oral argument will commence at 10 A.M. ET on
`December 6, 2016 in Alexandria, Virginia.
`
`PETITIONER:
`Daniel M. Becker
`DBecker-PTAB@fenwick.com
`
`Jennifer R. Bush J
`bush-ptab@fenwick.com
`
`PATENT OWNER:
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`Brian M. Kramer
`Peng Chen
`Desmond P. O’Sullivan
`Chika Arakawa
`60414-381-IPR@mofo.com