Trials@uspto.gov Paper 54
`Entered: October 20, 2017
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WEATHERFORD INTERNATIONAL, LLC,
`WEATHERFORD /LAMB, INC., WEATHERFORD US, LP, and
`WEATHERFORD ARTIFICIAL LIFT SYSTEMS, LLC,
`Petitioner,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)1
`____________
`
`Before SCOTT A. DANIELS, NEIL T. POWELL and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`1 This Order applies to all three cases. The parties are not authorized
`to use this style heading for any subsequent papers.
`
`
`Entered: October 20, 2017
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WEATHERFORD INTERNATIONAL, LLC,
`WEATHERFORD /LAMB, INC., WEATHERFORD US, LP, and
`WEATHERFORD ARTIFICIAL LIFT SYSTEMS, LLC,
`Petitioner,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)1
`____________
`
`Before SCOTT A. DANIELS, NEIL T. POWELL and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`1 This Order applies to all three cases. The parties are not authorized
`to use this style heading for any subsequent papers.
`
`
`
`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)
`Petitioner and Patent Owner requested a hearing in these proceedings,
`
`pursuant to 37 C.F.R. § 42.70(a). See IPR2016-01509, Papers 43, 45;
`
`IPR2016-01514, Papers 43, 45; IPR2016-01517, Papers 43, 45.
`
`The parties’ requests for a hearing are granted. One consolidated
`
`hearing will be conducted for all three cases. Patent Owner’s requests for
`
`oral hearing raise the issue of whether live testimony will be conducted for
`
`these cases. See IPR2016-01509, Paper 45, 1. Live testimony will not be
`
`conducted for these cases.
`
`The hearing will commence at 2:00 p.m. Eastern Time on November
`
`2, 2017. Petitioner will have 45 minutes of total argument time. Patent
`
`Owner will also have 45 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.
`
`Because Petitioner bears the ultimate burden of proof (see 35 U.S.C.
`
`§ 316(e)), 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
`
`may use any unused portion of its 45 minutes to respond to Patent Owner’s
`
`arguments.
`
`The hearing 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. If the parties have any concern about
`
`disclosing confidential information, they are to contact the Board no later
`
`than two days prior to the hearing to discuss the matter. The Board will
`
`
`
`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)
`provide a court reporter for the hearing, and the reporter’s transcripts will
`
`constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days prior to the hearing. The parties shall confer with each
`
`other regarding any objections to demonstrative exhibits in each proceeding,
`
`and email demonstrative exhibits to 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.
`
`Demonstrative exhibits are not evidence, but merely a visual aid
`
`for use at the hearing. Demonstrative exhibits may not introduce new
`
`evidence or arguments. Instead, demonstrative exhibits should cite to
`
`evidence already in the record. 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. 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 hearing to ensure the clarity and
`
`accuracy of the reporter’s transcripts. The parties also should note that at
`
`3
`
`
`
`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)
`least one member of the panel will be attending the hearing electronically
`
`from a remote location. If a demonstrative exhibit is not made fully
`
`available or visible to the judge participating remotely, that demonstrative
`
`exhibit will not be considered.
`
`The Board expects lead counsel for Petitioners and Patent Owner to
`
`be present at the hearing, 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 hearing, the Board should be notified via a joint conference
`
`call no later than two days prior to the hearing to discuss the matter.
`
`Requests for audio-visual equipment at the hearing 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 hearing. 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.
`
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`4
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`
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`Case IPR2016-01509 (Patent 7,861,774 B2)
`Case IPR2016-01514 (Patent 7,543,634 B2)
`Case IPR2016-01517 (Patent 7,134,505 B2)
`
`PETITIONER:
`
`Jason Shapiro
`js@usiplaw.com
`
`Patrick Finnan
`pjf@usiplaw.com
`
`
`PATENT OWNER:
`
`Hamad Hamad
`hhamad@caldwellcc.com
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`
`
`
`
`
`5
`
`
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