Trials@uspto.gov
`571-272-7822
`
`Paper No. 20
`Entered: March 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`Case IPR2017-00745 (Patent 9,078,905 B2)
`Case IPR2017-00746 (Patent 9,028,877 B2)
`Case IPR2017-00747 (Patent 9,078,905 B2)
`Case IPR2017-00748 (Patent 9,028,877 B2)
`
`____________
`
`Before LORA M. GREEN, ERICA A. FRANKLIN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`
`1 This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case. The parties are not authorized to use this
`case caption, or to file consolidated papers, without prior authorization.
`
`
`571-272-7822
`
`Paper No. 20
`Entered: March 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`Case IPR2017-00745 (Patent 9,078,905 B2)
`Case IPR2017-00746 (Patent 9,028,877 B2)
`Case IPR2017-00747 (Patent 9,078,905 B2)
`Case IPR2017-00748 (Patent 9,028,877 B2)
`
`____________
`
`Before LORA M. GREEN, ERICA A. FRANKLIN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`
`1 This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case. The parties are not authorized to use this
`case caption, or to file consolidated papers, without prior authorization.
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`37 C.F.R. § 42.70
`Petitioner and Patent Owner have each filed requests for oral hearing
`
`in the above captioned proceedings pursuant to 37 C.F.R. § 42.70. IPR2017-
`
`00745, Papers 19, 20; IPR2017-00746, Papers 18, 19; IPR2017-00747,
`
`Papers 19, 20; IPR2017-00748, Papers 18, 19. The requests are granted
`
`according to the terms set forth in this Order. The oral argument will
`
`commence at 1:00 PM Eastern Time on Tuesday, April 24, 2018, in Hearing
`
`Room B on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia.
`
`Each party will have one hour total time to present its arguments in
`
`the above-captioned proceedings. Petitioner bears the ultimate burden of
`
`proof that the claims at issue in this review are unpatentable. Therefore, at
`
`oral argument, Petitioner will proceed first to present its case regarding the
`
`challenged patent claims and the grounds on which the Board instituted trial.
`
`Petitioner may reserve some of its argument time to respond to arguments
`
`presented by the Patent Owner. After Petitioner’s initial presentation, Patent
`
`Owner will be given an opportunity to respond. Thereafter, Petitioner may
`
`use any reserved time to reply to Patent Owner’s presentation. Patent Owner
`
`may not reserve rebuttal time.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. Please be advised,
`
`available seating is limited. The Board will provide a court reporter, and the
`
`reporter’s transcript shall constitute the official record of the trial hearing.
`
`2
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`The parties shall serve any demonstrative exhibits on opposing
`
`counsel at least seven business days before the hearing. The parties shall
`
`also provide a courtesy copy of any demonstrative exhibits to the Board no
`
`later than two business days before the hearing by emailing them to
`
`Trials@uspto.gov. Notwithstanding 37 C.F.R. § 42.70(b), the parties shall
`
`not file any demonstrative exhibits in these proceedings.
`
`Demonstrative exhibits are not evidence and are intended only to
`
`assist the parties in presenting their oral argument to the panel. The parties
`
`are directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`
`2014) (Paper 65) for guidance regarding the appropriate content of
`
`demonstrative exhibits.
`
`The parties shall confer with each other regarding any objections to
`
`demonstrative exhibits. For any issue that cannot be resolved after
`
`conferring, the parties may each file a one-page list of objections at least two
`
`business days before the hearing. The list should identify with particularity
`
`which demonstrative exhibits are subject to objection and include a short
`
`statement of the reason for each objection. No argument or further
`
`explanation is permitted. The Board will consider the objections and
`
`schedule a telephone conference if deemed necessary. Otherwise, the Board
`
`will reserve ruling on the objections until after the oral argument. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`3
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`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 transcript, and to assist Judge Harlow who will join the hearing
`
`remotely from Denver, Colorado. Judge Harlow will be unable to view
`
`images projected in the hearing room. Similarly, to ensure presenters may
`
`be heard by Judge Harlow, the parties are reminded to speak only when
`
`standing at the hearing room podium and toward the attached microphone.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. Any counsel of record, however, may present the party’s
`
`argument. If either party anticipates 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.
`
`The parties may request the use of audio-visual equipment during the
`
`oral hearing. Such requests should be directed to Trials@uspto.gov at least
`
`five business days in advance of the hearing date. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`Accordingly, it is
`
`ORDERED that oral arguments in this proceeding shall take place
`
`beginning at 1:00 PM Eastern Time on April 24, 2018, in Hearing Room B
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria.
`
`4
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`PETITIONERS:
`
`James Harrington
`Michael Chakansky
`Ronald Baron
`John Gallagher
`HOFFMANN & BARON, LLP
`jfhdocket@hbiplaw.com
`mchakansky@hbiplaw.com
`rbaron@hbiplaw.com
`jgallagher@hbiplaw.com
`
`
`PATENT OWNER:
`
`David Casimir
`John Jones
`CASIMIR JONES S.C.
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`docketing@casimirjones.com
`
`
`5
`
`
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