`571-272-7822
`
`
`Paper 19
`Entered: March 22, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`III HOLDINGS 4, LLC
`Patent Owner.
`____________
`
`Case IPR2017-00781
`Case IPR2017-00782
`Patent 8,654,999 B2
`____________
`
`
`Before SALLY C. MEDLEY, DAVID C. MCKONE, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`IPR2017-00781, IPR2017-00782
`Patent 8,654,999 B2
`The Scheduling Order set May 1, 2018, as the date for oral argument,
`if requested by the parties and granted by the Board. Paper 9.1 Both
`Petitioner and Patent Owner have requested oral argument. Papers 16, 18.
`Patent Owner requests 60 minutes per side to present collective arguments
`for both cases. Paper 18. Petitioner does not request a specific allocation of
`time.
`The parties’ requests for oral argument are granted. Oral arguments
`will commence at 1:00 pm Eastern Time on May 1, 2018, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. We will
`hold a combined hearing for IPR2017-00781 and IPR2017-00782 starting at
`1:00 pm. Each party is allotted sixty (60) minutes total to present its case.
`Petitioner will open the hearing by presenting its arguments regarding the
`challenged claims for which the Board instituted trial. Petitioner may
`reserve time for rebuttal arguments. Patent Owner will then respond to
`Petitioner’s arguments and present arguments regarding its Motions to
`Exclude. Petitioner may then present rebuttal arguments and respond to
`Patent Owner’s arguments regarding its Motions to Exclude. Patent Owner
`may then present rebuttal arguments regarding its Motions to Exclude only.
`No other arguments or motions may be presented.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official records of the hearing. The
`hearing will be open to the public via in-person attendance on a first-come,
`first-served basis.
`
`
`1 We refer to the papers filed in IPR2017-00781. Similar papers were filed
`by the parties in IPR2017-00782.
`
`2
`
`
`
`IPR2017-00781, IPR2017-00782
`Patent 8,654,999 B2
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`out any objections to demonstratives prior to involving the Board. At least
`two (2) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. 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. The parties must initiate a conference call with the Board at least
`two business days before the hearing to present any objection regarding the
`propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. As
`demonstrative exhibits are not themselves evidence, the Board asks the
`parties to confine demonstrative exhibit objections to those identifying
`egregious violations that are prejudicial to the administration of justice.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that at least one member
`of the panel will be attending the hearing electronically from a remote
`location and that if a demonstrative is not filed or otherwise made fully
`available or visible to the judge presiding over the hearing, that
`demonstrative will not be considered. The parties also should note that a
`panel member appearing remotely might not able to hear the parties unless
`they speak into the microphone at the podium. If the parties have questions
`as to whether demonstrative exhibits would be sufficiently visible and
`
`3
`
`
`
`IPR2017-00781, IPR2017-00782
`Patent 8,654,999 B2
`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 the hearing. If a party anticipates that its lead counsel will not be
`attending the oral arguments, 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. Any counsel of record, however, may present
`the party’s argument.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`ORDER
`
`It is
`ORDERED that oral arguments for these proceedings shall take place
`beginning at 1:00 pm Eastern Time on May 1, 2018, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`
`4
`
`
`
`IPR2017-00781, IPR2017-00782
`Patent 8,654,999 B2
`
`
`PETITIONER:
`Donald Steinberg
`Yung-Hoon Ha
`Haixia Lin
`Christopher O'Brien
`Vera Shmidt
`WILMER, CUTLER, PICKERING, HALE and DORR LLP
`don.steinberg@wilmerhale.com
`sam.ha@wilmerhale.com
`haixia.lin@wilmerhale.com
`christopher.obrien@wilmerhale.com
`vera.shmidt@wilmerhale.com
`
`PATENT OWNER:
`Henry Petri
`James Murphy
`Margaux Savee
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`Tim Seeley
`Russell Rigby
`INTELLECTUAL VENTURES
`tims@intven.com
`rrigby@intven.com
`
`
`
`5
`
`