`Tel: 571-272-7822
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`Paper 37
`Entered: June 30, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
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`
`
`
`H&S MANUFACTURING COMPANY, INC.,
`Petitioner,
`
`v.
`
`OXBO INTERNATIONAL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00950
`Patent 8,166,739 B2
`____________
`
`
`Before PHILLIP J. KAUFFMAN, JAMES A. TARTAL, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`ORDER
`
`Granting Requests for Oral Hearing
`37 C.F.R. § 42.70
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`
`
`
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`The date set for oral hearing in this proceeding is August 1, 2017, if
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`hearing is requested by either party and granted by the Board. Paper 8.
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`Both parties request oral hearing. Papers 34, 36. The requests are granted.
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`Each party will have forty-five (45) minutes, total, to present its
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`argument. Petitioner bears the ultimate burden of proof that Patent Owner’s
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`claims at issue in this inter partes review are unpatentable. Accordingly,
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`Petitioner will open the hearing by presenting its case with regard to the
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`challenged claims and grounds for which we instituted trial. After
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`Petitioner’s presentation, Patent Owner will argue its opposition to
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`Petitioner’s case. Petitioner may reserve time to rebut arguments presented
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`by Patent Owner.
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`The oral hearing will commence at 1:30 PM Eastern Time on
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`Tuesday, August 1, 2017, on the ninth floor of the Madison Building East,
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`600 Dulany Street, Alexandria, Virginia. The oral hearing will be open to
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`the public for in-person attendance on a first-come, first-served basis. The
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`Board will provide a court reporter for the oral hearing and the court
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`reporter’s transcript will constitute the official record of the oral hearing.
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`Demonstrative exhibits in this proceeding are not evidence and are
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`intended only to assist the parties in presenting their oral argument to the
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`Board. Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served
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`on opposing counsel at least seven (7) business days before the oral hearing,
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`and filed as an exhibit no later than the time of the oral hearing. The parties
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`also shall provide a courtesy copy of any demonstrative exhibits to the
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`Board at least three (3) business days prior to the oral hearing by emailing
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`the exhibits to Trials@uspto.gov. The parties are directed to St. Jude
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`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`2
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`
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`IPR2016-00950
`Patent 8,166,739 B2
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`of Michigan, IPR2013-00041 (PTAB January 27, 2015) (Paper 65), for
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`guidance regarding the appropriate content of demonstrative exhibits, which
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`must include citations to the record.
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`The parties shall meet and confer in good faith to resolve any
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`objections to demonstrative exhibits, but if such objections cannot be
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`resolved, a party may file objections to demonstratives with the Board at
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`least three (3) business days before the oral hearing. The objections shall
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`identify with particularity the portions of each demonstrative exhibit subject
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`to objection, include a copy of the objected-to portions, and include a one
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`sentence statement of the reason for each objection. No further argument or
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`explanation is permitted. We will consider the objections and schedule a
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`conference call if deemed necessary. Otherwise, we will reserve ruling on
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`the objections until after the oral hearing.
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`We expect lead counsel for each party to be present in person at the
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`oral hearing. However, any counsel of record may present the party’s
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`argument. If lead counsel for a party will not be attending the oral hearing,
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`the Board shall be advised by email no later than two (2) business days prior
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`to the oral hearing, and such lead counsel shall be available for a conference
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`call if necessary.
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`Requests for audio-visual equipment for the oral hearing shall be
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`made not less than five (5) days before the oral hearing and shall be directed
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`to Trials@uspto.gov. If requests are not received timely, equipment may not
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`be available on the day of the oral hearing. Questions regarding audio-visual
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`equipment for the oral hearing may be directed to the Board at
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`(571) 272-9797.
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`
`
`
`3
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`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`PETITIONER
`
`Brad Pedersen
`Eric Chadwick
`Michael Gates
`PATTERSON THUENTE PEDERSEN, P.A.
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`gates@ptslaw.com
`
`PATENT OWNER
`
`Andrew Lagatta
`Gregory Sebald
`MERCHANT & GOULD, P.C.
`alagatta@merchantgould.com
`gsebald@merchantgould.com
`
`4
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`