`571-272-7822
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` Paper 39
`Entered: January 17, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`J KYLE BASS and ERICH SPANGENBERG,
`Petitioner,
`
`v.
`
`FRESENIUS KABI USA, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00254
`Patent 8,476,010 B2
`____________
`
`
`Before JACQUELINE WRIGHT BONILLA, ZHENYU YANG, and
`TINA E. HULSE, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
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`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`IPR2016-00254
`Patent 8,476,010 B2
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`Pursuant to our prior scheduling order, oral argument is scheduled to
`be held on March 13, 2017, if requested by the parties. Paper 35. Petitioner
`and Patent Owner have both requested oral argument. Papers 38, 37. The
`requests are granted.
`The oral argument will commence at 1:00 PM Eastern Time, on
`Monday, March 13, 2017, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia 22314. The oral argument will be open
`to the public for in-person attendance, which will be accommodated on a
`first-come, first-served basis.
`Each party will have 30 minutes to present arguments. Petitioner
`bears the ultimate burden of proof that Patent Owner’s patent claims at issue
`are unpatentable. Therefore, at oral argument, Petitioner will proceed first to
`present its case with respect to the challenged patent claims and the grounds
`on which the Board instituted trial. Petitioner may reserve some of its
`argument time for rebuttal. Patent Owner will then respond to Petitioner’s
`initial presentation. Finally, Petitioner may use the time it has reserved to
`reply to Patent Owner’s presentation.
`The Board will provide a court reporter for the oral argument, and the
`reporter’s transcript will constitute the official record of the oral argument.
`The hearing transcript will be entered in the record of this proceeding.
`The parties shall serve any demonstrative exhibits on opposing
`counsel at least seven business days before the hearing. The parties shall
`also provide a courtesy copy of any demonstrative exhibits to the Board no
`later than three business days before the hearing by emailing them to
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`IPR2016-00254
`Patent 8,476,010 B2
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`Trials@uspto.gov. Notwithstanding 37 C.F.R. § 42.70(b), the parties shall
`not file any demonstrative exhibits in these proceedings without prior
`authorization from the Board.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. The parties shall confer with each other
`regarding any objections to demonstrative exhibits. For any issue that
`cannot be resolved after conferring, the parties may each file a one-page list
`of objections at least three business days before the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement of the reason for each objection. No
`argument or further explanation is permitted.
`The Board will consider the objections and schedule a telephone
`conference if deemed necessary. Otherwise, the Board will reserve ruling on
`the objections until after the oral argument. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties are advised that at least one member of the panel will be
`attending the hearing from a remote location. 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 and the ability of
`the judge participating remotely to follow the presenter’s arguments. The
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`IPR2016-00254
`Patent 8,476,010 B2
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`parties should note that the remote judge will not be able to see what is
`projected on the screen in the hearing room.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party will not be in attendance at
`oral hearing, the Board should be notified via a joint telephone conference
`call no later than two business days before the oral hearing to discuss the
`matter.
`The parties may request the use of audio-visual equipment during the
`oral hearing. Formal requests are to be made five business days in advance
`of the hearing date and should be sent to Trials@uspto.gov. If the request is
`not timely, the equipment may not be available on the day of the hearing.
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`PETITIONER:
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`Gregory Gonsalves
`gonsalves@gonsalvesfirm.com
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`Christopher Casieri
`chris@miplaw.com
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`PATENT OWNER:
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`Eleanor Yost
`eyost@goodwinprocter.com
`
`April Weisbruch
`aweisbruch@goodwinprocter.com
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