Paper 29
`Entered: February 1, 2017
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA, INC.,
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00317 (Patent 7,945,021 B2)
`Case IPR2016-00476 (Patent 8,116,430 B1)
` Case IPR2016-00547 (Patent 7,945,021 B2)1
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`Entered: February 1, 2017
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA, INC.,
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00317 (Patent 7,945,021 B2)
`Case IPR2016-00476 (Patent 8,116,430 B1)
` Case IPR2016-00547 (Patent 7,945,021 B2)1
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`IPR2016-00317 (Patent 7,945,021 B2)
`IPR2016-00476 (Patent 8,116,430 B1)
`IPR2016-00547 (Patent 7,945,021 B2)
`
`
`As set forth in the Scheduling Orders, oral argument for cases
`
`IPR2016-00317, IPR2016-00476, and IPR2016-00547 (if requested) is
`
`scheduled for February 28, 2017. Paper 16 in IPR2016-00317, Paper 13 in
`
`IPR2016-00476, Paper 10 in IPR2016-00547. Petitioner and Patent Owner
`
`request oral hearing. Papers 34 and 35 in IPR2016-00317, Papers 34 and 35
`
`in IPR2016-00476, Papers 27 and 28 in IPR2016-00547. The parties’
`
`requests for oral hearing are granted.
`
`There will be a single, combined oral hearing for the issues presented
`
`in cases IPR2016-00317, IPR2016-00476, and IPR2016-00547. The hearing
`
`will commence at 2:00 PM on February 28, 2017, on the ninth floor of the
`
`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 on a first-come, first-served basis.
`
`Each party will have forty five (45) minutes of total oral argument
`
`time. Petitioner bears the ultimate burden of proof that the claims at issue in
`
`these reviews are unpatentable. Therefore, at oral hearing Petitioner will
`
`proceed first to present its case with regard to the challenged claims in
`
`IPR2016-00317, IPR2016-00476, and IPR2016-00547. Petitioner may
`
`reserve rebuttal time. Thereafter, Patent Owner will respond to Petitioner’s
`
`case. After that, Petitioner will make use of the rest of its time responding to
`
`Patent Owner’s presentation on all matters.
`
` Any demonstrative exhibits must be served seven business days
`
`before the hearing. 37 C.F.R. § 42.70(b). Demonstrative exhibits are not
`
`evidence and may not introduce new evidence or arguments. Instead,
`
`2
`
`
`
`IPR2016-00317 (Patent 7,945,021 B2)
`IPR2016-00476 (Patent 8,116,430 B1)
`IPR2016-00547 (Patent 7,945,021 B2)
`
`demonstrative exhibits should cite to evidence in the record. The parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, Case No. IPR2013-00041 (PTAB
`
`Jan. 27, 2014) (Paper 65), and CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`
`appropriate content of demonstrative exhibits. Any issue regarding
`
`demonstrative exhibits should be resolved at least three days prior to the
`
`hearing by way of a joint telephone conference call to the Board. The
`
`parties are responsible for requesting such a conference sufficiently in
`
`advance of the hearing to accommodate this requirement. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. Demonstratives should be filed at the Board no later than two days
`
`before the hearing. A hard copy of the demonstratives should be provided to
`
`the court reporter at the hearing.
`
`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 2 business days prior to the oral hearing to
`
`discuss the matter.
`
`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 5 days before the
`
`hearing directed to the above email address. The parties are reminded that
`
`the presenter must identify clearly and specifically each demonstrative
`
`3
`
`
`
`IPR2016-00317 (Patent 7,945,021 B2)
`IPR2016-00476 (Patent 8,116,430 B1)
`IPR2016-00547 (Patent 7,945,021 B2)
`
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`
`ensure the clarity and accuracy of the reporter’s transcript. The parties also
`
`should note that at least one panel member will be attending the hearings
`
`electronically from a remote location and that if a demonstrative is not filed
`
`or otherwise made fully available or visible to the judge presiding over the
`
`hearing remotely, that demonstrative will not be considered.
`
`
`
`ORDER
`
`Oral argument in IPR2016-00317, IPR2016-00476, and IPR2016-
`
`00547 will commence at 2:00 PM on February 28, 2017, on the ninth floor
`
`of the Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`For PETITIONER:
`Theresa Gillis
`Erick Palmer
`Amanda Streff
`MAYER BROWN LLP
`tgillis@mayerbrown.com
`ejpalmer@mayerbrown.com
`astreff@mayerbrown.com
`
`For PATENT OWNER:
`Heidi Keefe
`Daniel Knauss
`Scott Cole
`Reuben Chen
`COOLEY LLP
`hkeefe@cooley.com
`dknauss@cooley.com
`Varian_PTAB_IPR@cooley.com
`rchen@cooley.com
`
`4
`
`
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