Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper No. 69
` Entered: January 3, 2018
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`PRAIRIE LAND MILLWRIGHT SERVICES, INC.,
`Petitioner,
`v.
`SIOUX STEEL COMPANY,
`Patent Owner.
`
`
`Case IPR2016-01873
`Patent 8,967,937 B2
`____________
`
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`GEORGE R. HOSKINS, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`571-272-7822
`
`
`
`
` Paper No. 69
` Entered: January 3, 2018
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`PRAIRIE LAND MILLWRIGHT SERVICES, INC.,
`Petitioner,
`v.
`SIOUX STEEL COMPANY,
`Patent Owner.
`
`
`Case IPR2016-01873
`Patent 8,967,937 B2
`____________
`
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`GEORGE R. HOSKINS, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`IPR2016-01873
`
`Patent 8,967,937 B2
`Patent Owner requested a hearing in this proceeding. Paper 68. The
`request is granted. The hearing will commence at 1:00 p.m. Eastern Time
`on January 11, 2018. 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
`provide a court reporter for the hearing, and the reporter’s transcript will
`constitute the official record of the hearing.
`Demonstrative exhibits shall be served at least three business days
`prior to the hearing. 37 C.F.R. § 42.5(b) & (c)(1). The parties shall confer
`with each other regarding any objections to demonstrative exhibits, 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
`
`
`
`IPR2016-01873
`Patent 8,967,937 B2
`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
`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 Petitioner 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.
`
`3
`
`
`
`IPR2016-01873
`Patent 8,967,937 B2
`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.
`
`
`
`
`
`4
`
`
`
`IPR2016-01873
`Patent 8,967,937 B2
`
`PETITIONER:
`
`Craig Fieschko
`DEWITT ROSS & STEVENS S.C.
`cf@dewittross.com
`
`
`
`PATENT OWNER:
`
`Robert Eichenberger
`Robert Theuerkauf
`MIDDLETON REUTLINGER
`rhe@middletonlaw.com
`rjt@middletonlaw.com
`
`Scott McKeown
`ROPES & GRAY LLP
`Scott.mckeown@ropesgray.com
`
`
`
`
`
`5
`
`
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