`Trials@uspto.gov Paper No. 19
`Tel: 571-272-7822
`Entered: August 18, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERAL ELECTRIC COMPANY,
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-01289
`Patent 7,060,360 B2
`____________
`
`
`
`Before GRACE KARAFFA OBERMANN, CHRISTOPHER M. KAISER,
`and MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-01289
`Patent 7,060,360 B2
`
`
`Patent Owner and Petitioner request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 17, 18. The requests are granted to the extent set
`forth below and subject to the following conditions.
`Oral argument shall commence at 1:00 PM Eastern Time on
`September 18, 2017, on the 9th floor of the Madison Building East, 600
`Dulany Street, Alexandria, Virginia.
`
`Each party is allotted forty-five (45) minutes to present argument.
`Petitioner bears the ultimate burden of proof that the challenged patent
`claims are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which we instituted
`trial. Petitioner may reserve some of its argument time for rebuttal.
`Thereafter, Patent Owner will respond to Petitioner’s presentation.
`
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript shall constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. If the parties have any
`concern about disclosing confidential information, they are requested to
`contact the Board at least five (5) days in advance of the hearing to discuss
`the matter.
`
`The parties are directed to serve demonstrative exhibits on opposing
`counsel at least five (5) business days before the hearing date. Please also
`provide a courtesy copy of any demonstrative exhibits to the Board at least
`five (5) business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties are directed to refrain from filing
`demonstrative exhibits in the record of this proceeding.
`
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`IPR2016-01289
`Patent 7,060,360 B2
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`The Board expects that the parties will meet and confer in good faith
`
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties may file any objections to demonstrative
`exhibits with the Board at least two (2) business days before the hearing.
`Any objection to demonstrative exhibits that is not timely presented will be
`considered waived. The objections should identify with particularity which
`demonstratives are subject to objection and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference call if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`At least one member of the panel may be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. Thus, if a demonstrative exhibit is
`not made available or visible to the judge(s) presiding over the hearing
`remotely, that demonstrative will not be considered. Each 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 for the benefit of the judge(s)
`presiding over the hearing remotely.
`
`No live testimony from any witness will be taken at the oral argument.
`The Board expects lead counsel for each party to be present in person at the
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`IPR2016-01289
`Patent 7,060,360 B2
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`oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects that its lead counsel will not attend the oral
`hearing, the parties should initiate a joint telephone conference with the
`Board no later than two (2) business days prior to the oral hearing to discuss
`the matter.
`
`Petitioner “requests permission to use a computer, projector and
`screen to display possible demonstratives and exhibits.” Paper 18, 3. That
`request, and any other special requests for audiovisual 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 five
`days before the hearing, directed to the above email address.
`
`
`It is:
`ORDERED that the parties’ requests for oral hearing are granted
`subject to the conditions set forth in this Order; and
`FURTHER ORDERED that oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 1:00 PM Eastern Time on
`September 18, 2017.
`
`
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`IPR2016-01289
`Patent 7,060,360 B2
`
`PETITIONER:
`
`Anish Desai
`GE.WGM.Service@weil.com
`
`Megan Wantland
`megan.wantland@weil.com
`
`Brian Ferguson
`brian.ferguson@weil.com
`
`PATENT OWNER:
`
`W. Karl Renner
`axf-ptab@fr.com
`
`Timothy Riffe
`riffe@fr.com
`
`Lauren Degnan
`degnan@fr.com
`
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