`
`By: Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel:
`(612) 371-5383
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`H&S MANUFACTURING COMPANY, INC.
`
`Petitioner
`
`v.
`
`OXBO INTERNATIONAL CORPORATION
`
`Patent Owner
`
`____________
`
`Case IPR2016-00950
`Patent 8,166,739
`____________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00950
`Patent No. 8,166,739
`
`
`Patent Owner, Oxbo International Corporation, hereby requests an oral
`
`hearing pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order (Paper
`
`No. 8). As set forth in its Order, the Board has currently scheduled the oral hearing
`
`for August 1, 2017. Patent Owner requests oral argument to discuss the issues
`
`specified below.
`
`
`
`ISSUES TO BE ARGUED
`
`1. Whether Petitioner has met its burden to prove that challenged claim 1
`
`of U.S. Patent No. 8,166,739 (EX1003) are unpatentable for the grounds
`
`instituted.
`
`2. Whether prior art beyond that cited in the Petition in association with
`
`the instituted ground is properly considered;
`
`3.
`
`The appropriate construction to be given the disputed claim terms;
`
`4. Whether Petitioner’s expert applied a proper methodology in his
`
`obviousness analysis;
`
`Reply to any arguments raised in Petitioner’s Reply;
`
`The relevance of EX2020-EX2021 to the ground of unpatentability at
`
`issue;
`
`2
`
`5.
`
`6.
`
`
`
`
`
`
`
`7.
`
`Response to any issues specified by Petitioner in its request for oral
`
`argument;
`
`8. Whether Patent Owner’s Motion to Exclude should be granted;
`
`9.
`
`Response to Petitioner’s presentation on all matters; and
`
`10. Any other issues briefed or presented by the parties throughout this
`
`proceeding.
`
`
`
`
`
`Respectfully submitted,
`
`MERCHANT & GOULD, P.C.
`
`
`/Andrew J. Lagatta/
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`OxboIPR@merchantgould.com
`
`Date: June 23, 2017
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R § 42.6(e), the undersigned hereby certifies that a copy
`
`of this PATENT OWNER’S REQUEST FOR ORAL ARGUMENT has been
`
`served on June 23, 2017, by email on counsel of record for the patent owner at the
`
`following name and address:
`
`Brad D. Pederson (Reg. No. 32,432)
`Eric H. Chadwick (Reg. No. 42,664)
`PATTERSON THUENTE PEDERSEN, P.A.
`80 South Eighth Street, Suite 4800
`Minneapolis, MN 55402
`Phone: (612) 349-5740
`Facsimile: (612) 349-9266
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`
`
`
`Respectfully submitted,
`
`MERCHANT & GOULD, P.C.
`
`/Andrew J. Lagatta/
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`OxboIPR@merchantgould.com
`
`
`
`
`4
`
`Date: June 23, 2017
`
`
`
`
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`
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`
`
`
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