Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper No. 31
`Entered: January 9, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KAWASAKI RAIL CAR, INC.,
`Petitioner,
`
`v.
`
`SCOTT BLAIR,
`Patent Owner.
`____________
`
`Case IPR2017-00117
`Patent 6,700,602 B1
`____________
`
`
`Before JAMESON LEE, SCOTT A. DANIELS, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper No. 31
`Entered: January 9, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KAWASAKI RAIL CAR, INC.,
`Petitioner,
`
`v.
`
`SCOTT BLAIR,
`Patent Owner.
`____________
`
`Case IPR2017-00117
`Patent 6,700,602 B1
`____________
`
`
`Before JAMESON LEE, SCOTT A. DANIELS, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2017-00117
`Patent 6,700,602 B1
`
`
`
`The parties have requested oral argument pursuant to 37 C.F.R.
`§ 42.70(a). Papers 20, 25. The parties’ request for oral argument is granted
`to the extent described below.
`Each party will have 60 minutes to present its arguments.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. See 35 U.S.C. § 316(e). At oral argument,
`therefore, Petitioner will proceed first to present its case on the grounds of
`patentability on which we instituted trial. Thereafter, Patent Owner will
`argue its opposition to Petitioner’s case. To the extent Petitioner reserves
`rebuttal time, Petitioner then may make use of its rebuttal time responding to
`Patent Owner.
`Oral argument will commence at 2:00 PM Eastern Time on Friday,
`January 26, 2018, at the U.S. Patent & Trademark Office, Madison
`Building East, Ninth Floor, 600 Dulany Street, Alexandria, Virginia.
`All attendees will need a valid form of government-issued identification in
`order to enter the building and may be subject to security screening. The
`hearing will be open to the public for in-person attendance, and in-person
`attendance 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 at least ten (10) days before 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 oral argument.
`At least seven (7) days prior to oral argument, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during oral
`argument. See 37 C.F.R. § 42.70(b). The parties also shall provide the
`
`2
`
`
`
`IPR2017-00117
`Patent 6,700,602 B1
`
`
`demonstrative exhibits to the Board at least five (5) days prior to oral
`argument by e-mailing them to Trials@uspto.gov. The parties shall not
`file any demonstrative exhibits in these cases without prior
`authorization. Demonstrative exhibits are not evidence, but merely a visual
`aid at the oral arguments. Demonstrative exhibits may not introduce new
`evidence or raise new arguments, but instead, should cite to evidence in the
`record.
`The parties should attempt to resolve any objections to demonstratives
`prior to involving the Board. The parties must request a conference call with
`the Board at least two (2) days before the hearing to present any unresolved
`objection regarding the propriety of any demonstrative exhibit. Any
`unresolved objection to demonstrative exhibits that is not timely presented
`will be considered waived. The Board asks the parties to confine
`demonstrative exhibit objections to those identifying egregious violations
`that are prejudicial to the administration of justice. To aid in the preparation
`of an accurate transcript, each party shall provide paper copies of its
`demonstratives to the court reporter on the day of the oral argument. Such
`paper copies shall not become part of the record of this proceeding.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number),
`paper, or exhibit referenced during the oral arguments to ensure the clarity
`and accuracy of the transcript. The parties also should note that at least one
`member of the panel will be attending the oral argument electronically from
`a remote location and that if any demonstrative is not made fully available or
`visible to the entire panel, that demonstrative will not be considered.
`
`3
`
`
`
`IPR2017-00117
`Patent 6,700,602 B1
`
`
`Because of limitations of the audio transmission systems in our hearing
`rooms, the presenter may speak only when standing at the hearing room
`lectern. 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.
`The Board expects lead counsel for each party to be present in person
`at oral argument. If a party anticipates that its lead counsel will not be
`attending oral argument, the parties should request a joint telephone
`conference with the Board no later than seven (7) days prior to the oral
`argument to discuss the matter. Any counsel of record, however, may
`present the party’s arguments.
`Lead counsel and back-up counsel may use portable computers in the
`hearing room at the counsel tables and at the hearing room lectern. Requests
`for audio-visual equipment are to be made five (5) business days in advance
`of the oral argument date. The requests are to be sent to Trials@uspto.gov.
`If the requests are not received timely, the equipment may not be available
`on the day of the hearing.
`
`
`
`
`
`4
`
`
`
`IPR2017-00117
`Patent 6,700,602 B1
`
`
`
`
`
`ORDER
`
`It is
`ORDERED that oral argument for these proceedings shall take place
`beginning at 2:00 PM Eastern Time on Friday, January 26, 2018, at the U.S.
`Patent & Trademark Office, Madison Building East, Ninth Floor, 600
`Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2017-00117
`Patent 6,700,602 B1
`
`
`PETITIONER:
`
`Sheila Mortazavi
`Zaed M. Billah
`Armin Ghiam
`ANDREWS KURTH KENYON LLP
`SheilaMortazavi@andrewskurthkenyon.com
`ZaedBillah@andrewskurthkenyon.com
`arminghiam@andrewskurth.com
`
`
`PATENT OWNER:
`
`Jennifer Meredith
`Sucheta Chitgopekar
`MEREDITH & KEYHANI, PLLC
`jmeredith@meredithkeyhani.com
`
`
`6
`
`
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