`Tel: 571-272-7822
`
`Paper No. 27
`Entered: February 5, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CHANGER & DRESSER, INC.,
`Petitioner,
`v.
`002152706 ONTARIO LIMITED,
`Patent Owner.
`
`Case IPR2017-00341
`Patent 9,393,639 B2
`
`
`
`
`
`
`
`
`
`Before KRISTINA M. KALAN, CHRISTOPHER M. KAISER, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`KAISER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2017-00341
`Patent 9,393,639 B2
`Changer & Dresser Inc. (“Petitioner”) and 002152706 Ontario Ltd.
`(“Patent Owner”) each request oral hearing pursuant to 37 C.F.R. § 42.70.
`Paper 23; Paper 24. We hereby grant the requests for oral hearing. Oral
`argument shall commence at 11:00 am Mountain Time on February 28,
`2018, on the 14th floor of the Byron G. Rogers Federal Building, 1961 Stout
`Street, Denver, Colorado. Counsel and other attendees will need a picture
`ID in order to enter the Byron G. Rogers Federal Building. The parties are
`advised to check in with security on the 14th floor at least thirty (30)
`minutes before the hearing is set to begin.
`The hearing room in the Rocky Mountain Regional Office can
`accommodate the lead counsel and a back-up counsel for each party at its
`respective counsel table, plus one hearing room attendee for each party.
`Other party attendees will be accommodated in an overflow room located
`across the hall from the hearing room. The oral arguments will be open to
`the public for in-person attendance. Members of the public will be
`accommodated based on space available in the overflow room on a first-
`come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`Patent Owner “requests 60 minutes of oral argument,” not specifying
`whether this is a total argument time or an amount of time per side. Paper
`24, 1. Petitioner does not request any particular amount of argument time.
`Paper 23. We determine that each party shall have 30 minutes of total time
`to present arguments. Petitioner bears the ultimate burden of proof that the
`claims at issue are unpatentable. Therefore, Petitioner will open the hearing
`by presenting its case regarding the challenged claims on which the Board
`
`2
`
`
`
`IPR2017-00341
`Patent 9,393,639 B2
`instituted trial. Patent Owner then will have the entirety of its allotted time
`to respond to Petitioner’s presentation. Petitioner may reserve rebuttal time
`to respond to Patent Owner’s arguments only.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will 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.
`Any demonstrative exhibits to be used at the hearing shall be served
`on opposing counsel no later than February 21, 2018, and shall be provided
`to the Board at least three business days prior to the hearing by emailing
`them to Trials@uspto.gov. The parties shall not file any demonstrative
`exhibits in this proceeding without prior authorization from the Board. A
`hard copy of the demonstrative exhibits should be provided to the court
`reporter at the hearing.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits, which must include citations to the
`record.
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. If such objections
`
`3
`
`
`
`IPR2017-00341
`Patent 9,393,639 B2
`cannot be resolved, the parties may file objections to demonstratives with
`the Board at least two business days before the hearing. The objections
`should identify with particularity the portions of each demonstrative exhibit
`subject to objection, include a copy of the objected-to portions, and include a
`one-sentence statement of the reason for each objection. No further
`argument or explanation is permitted. We will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, we will reserve
`ruling on the objections. Any objection to demonstrative exhibits that is not
`timely presented will be considered waived.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. In particular, documents presented on
`the Elmo projector are not visible to remote judges, so please plan
`accordingly. 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. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern.
`No live witness testimony shall be taken at the oral argument. The
`Board expects lead counsel for each party to be present in person at the oral
`hearing. However, any counsel of record may present the party’s argument.
`If either party expects that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the
`Board no later than two business days prior to the oral hearing to discuss the
`matter.
`
`4
`
`
`
`IPR2017-00341
`Patent 9,393,639 B2
`Any requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for equipment will not be honored unless
`presented in a separate communication not less than three business 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 an oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 11:00 AM Mountain Time
`on February 28, 2018.
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2017-00341
`Patent 9,393,639 B2
`
`PETITIONER:
`
`Harvey S. Kauget
`Ryan M. Corbett
`BURR & FORMAN LLP
`hkauget@burr.com
`rcorbett@burr.com
`
`
`PATENT OWNER:
`
`Marshall J. Schmitt
`Martin L. Stern
`Gilberto E. Espinoza
`MICHAEL BEST & FRIEDRICH LLP
`mjschmitt@michaelbest.com
`mlstern@michaelbest.com
`geespinoza@michaelbest.com
`
`Michael J. Berchou
`HARTER SECREST & EMERY LLP
`mberchou@hselaw.com
`
`
`6
`
`
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