`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
` Paper 43
`Entered: June 4, 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 IPR2017-01036
`Patent 6,700,602 B1
`____________
`
`Before JAMESON LEE, SCOTT A. DANIELS, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`AMENDED SCHEDULING ORDER
`and
`DECISION ON REQUEST FOR ORAL ARGUMENT
`37 C.F.R. §§ 42.5, 42.70
`
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`In response to the Board’s Order of May 15, 2018, indicating the
`Board’s readiness to move the oral hearing date in this proceeding, the
`parties timely provided a revised schedule in their May 17, 2018 email to the
`Board allowing for completion of supplemental briefing, any additional
`cross-examinations, and any Motions for Observation, by July 5, 2018.
`Based on the parties’ proposed dates, the oral hearing on June 5, 2018
`is canceled, and the Board amends the schedule in this proceeding as set
`forth below. Due dates 1–5, below, correspond specifically to the
`supplemental briefing schedule agreed to by the parties, and the new oral
`hearing date set by the Board is July 9, 2018.
`
`AMENDED DUE DATE APPENDIX
`
`DUE DATE 1 .............................................................................. June 8, 2018
`Patent owner’s supplemental response to the petition
`
`DUE DATE 2 ............................................................................ June 22, 2018
`Petitioner’s supplemental reply to patent owner’s supplemental
`response to the petition
`
`DUE DATE 3 ............................................................................. June 29, 2018
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 4 ................................................................................ July 5, 2018
`Response to observation
`Petitioner and Patent Owner demonstratives emailed to Board
`Opposition to motion to exclude
`
`
`
`
`2
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`DUE DATE 5 ................................................................................ July 9, 2018
`Oral argument
`Objections to demonstratives
`Reply to opposition to motion to exclude
`
`
`
`The Board will not conduct another telephone conference regarding
`the amended schedule absent the parties’ request. If the parties desire a
`conference call with the Board to discuss the schedule, they may contact the
`Board with a proposed date and time.
`In addition, both parties have requested oral hearing pursuant to 37
`C.F.R. § 42.70. Papers 35, 36. Bearing in mind the amended schedule,
`above, we treat the requests as directed to the new hearing date, and
`accordingly, the requests are granted.
`Oral arguments will commence at 1:00 pm Eastern Time on July 9,
`2018, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Each party will have 45 minutes total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable. Therefore,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims for which the Board instituted trial. After Petitioner’s
`presentation, Patent Owner will respond to Petitioner’s argument. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner.
`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.
`
`3
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`
`In accordance with the amended schedule, we modify the timing set
`forth in 37 C.F.R. § 42.70(b) with respect to demonstratives for this
`proceeding. The parties shall serve any demonstrative exhibits upon each
`other by July 5, 2018, prior to the hearing. The parties also shall provide the
`demonstrative exhibits to the Board on the same date by emailing them to
`Trials@uspto.gov.
`The parties must file any objections to the demonstratives with the
`Board within two business days after service by the opposing party, and may
`raise any objections at oral hearing. Any objection to demonstrative exhibits
`that is presented after the date of the oral hearing will be considered waived.
`The objections should identify with particularity which demonstratives are
`subject to objection, and include a short (one sentence or less) statement of
`the reason for each objection. The Board will consider the objections and
`permit some limited time to discuss during oral argument if deemed
`necessary. Otherwise, the Board will reserve ruling on the objections until
`after the oral argument. 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) and CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, (PTAB
`Oct. 23, 2013) (Paper 118), for guidance regarding the appropriate content
`of demonstrative exhibits. In addition, absent good cause, arguments with
`respect to motions to exclude will not be permitted at the hearing.
`We expect 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
`
`4
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`with the panel no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio visual equipment should be directed 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.
`
`
`
`5
`
`
`
`IPR2017-01036
`Patent 6,700,602 B1
`
`For PETITIONER:
`
`ANDREWS KURTH KENYON LLP
`Sheila Mortazavi
`Mark A. Chapman
`Zaed M. Billah
`Armin Ghiam
`SheilaMortazavi@andrewskurthkenyon.com
`MChapman@HuntonAK.com
`ZaedBillah@andrewskurthkenyon.com
`ArminGhiam@andrewskurthkenyon.com
`
`
`PATENT OWNER:
`
`MEREDITH & KEYHANI, PLLC
`Jennifer Meredith
`Sucheta Chitgopekar
`jmeredith@meredithkeyhani.com
`sucheta@meredithkeyhani.com
`
`
`
`
`6
`
`
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