Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 35
`Entered: May 4, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioner,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)1
`
`NEIL T. POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`
`
`
`
`
`1 This Order applies to all three cases. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`571-272-7822
`
`
`
`
`Paper 35
`Entered: May 4, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioner,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)1
`
`NEIL T. POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`
`
`
`
`
`1 This Order applies to all three cases. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)
`
`
`Petitioner and Patent Owner requested a hearing in these proceedings,
`pursuant to 37 C.F.R. § 42.70(a). See IPR2016-00650, Paper 37, IPR2016-
`00656, Papers 33, 34, IPR2016-00657, Papers 33, 34. In its requests, Patent
`Owner sets forth a proposed structure to accommodate live testimony, in the
`event we should decide it would be helpful.2 E.g., IPR2016-00656,
`Paper 33, 1. Additionally, Patent Owner “requests that it be permitted to
`reserve up to fifteen (15) minutes of [its] oral argument time for after
`Petitioner’s reply to highlight issues in petitioner’s reply that exceed the
`scope of a proper reply.” E.g., id.
`The parties’ requests for hearing are granted. After careful
`consideration, live testimony will not be conducted for these cases.
`Additionally, Patent Owner’s request for permission to reserve up to fifteen
`minutes for after Petitioner’s reply is denied. The issue of whether
`Petitioner’s reply includes procedurally improper arguments will be
`considered in the process of preparing final written decisions for these cases.
`The hearing will commence at 1:30 p.m. on May 18, 2017. Petitioner
`will have 60 minutes of total argument time. Patent Owner will also have 60
`minutes of total argument time. The parties may use their allotted argument
`time as they choose, provided that the order of arguments presented will be
`as follows.
`Petitioner will proceed first to present its case with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Patent
`Owner may respond to Petitioner’s arguments. Subsequently, Petitioner
`
`
`2 On April 6, 2017, in a conference call with the parties, the possibility of
`live testimony for these cases was discussed.
`
`
`
`
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)
`
`may use any unused portion of its 60 minutes to respond to Patent Owner’s
`arguments.
`The hearings will be open to the public for in-person attendance on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance at the hearing will be accommodated on a
`first-come, first-served basis. The Board will provide a court reporter for the
`hearings, and the reporter’s transcripts will constitute the official record of
`the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearings. The parties shall confer with each
`other regarding any objections to demonstrative exhibits in each proceeding,
`and file demonstrative exhibits with the Board at least two business days
`prior to the hearing. For any issue that cannot be resolved after conferring
`with the opposing party, the parties may file jointly a one-page list of
`objections at least two business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after
`the hearing. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013)
`(Paper 118), regarding the appropriate content of demonstrative exhibits.
`
`
`
`
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)
`
`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 hearings to ensure the clarity and accuracy of the
`reporter’s transcripts.
`The Board expects lead counsel for Petitioners and Patent Owner to
`be present at the hearings, although any back-up counsel may make the
`actual presentation, in whole or in part. If lead counsel for a party will not
`be in attendance at the hearings, the Board should be notified via a joint
`conference call no later than two days prior to the hearings to discuss the
`matter.
`Requests for audio-visual equipment at the hearings are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearings. Further, if the parties have
`questions as to whether demonstrative exhibits would be sufficiently visible
`and available to all of the judges, the parties are invited to contact the Board
`at 571-272-9797.
`
`
`
`
`
`
`
`Case IPR2016-00650 (Patent 6,907,936 B2)
`Case IPR2016-00656 (Patent 8,657,009 B2)
`Case IPR2016-00657 (Patent 9,074,451 B2)
`
`PETITIONERS:
`
`Mark Garrett
`Eagle Robinson
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`eagle.robinson@nortonrosefulbright.com
`
`PATENT OWNER:
`
`Hamad Hamad
`CALDWELL CASSADY CURRY, P.C.
`hhamad@caldwellcc.com
`
`Gregory Gonsalves
`GONSALVES LAW FIRM
`gonsalves@gonsalveslawfirm.com
`
`
`
`
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