Trials@uspto.gov
`571-272-7822
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` Paper 43
`
`
` Entered: June 27, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DEXCOM, INC.,
`Petitioner,
`
`v.
`
`WAVEFORM TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01051
`Patent 7,529,574 B2
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`We instituted inter partes review and later modified the scope of the
`review in view of SAS.1 Papers 7, 30. Our May 10, 2018 Order provided for
`additional briefing with respect to the grounds newly instituted in Paper 30
`and reset the oral argument date for July 13, 2018. Paper 34. Petitioner and
`
`1 SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018).
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 43
`
`
` Entered: June 27, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DEXCOM, INC.,
`Petitioner,
`
`v.
`
`WAVEFORM TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01051
`Patent 7,529,574 B2
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`We instituted inter partes review and later modified the scope of the
`review in view of SAS.1 Papers 7, 30. Our May 10, 2018 Order provided for
`additional briefing with respect to the grounds newly instituted in Paper 30
`and reset the oral argument date for July 13, 2018. Paper 34. Petitioner and
`
`1 SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018).
`
`
`
`Case IPR2017-01051
`Patent 7,529,574 B2
`
`Patent Owner each requested an oral hearing pursuant to 37 C.F.R.
`§ 42.70(a). Papers 31, 32, 40. The requests are granted.
`The hearing will commence at 1:30 pm Eastern Time, on Friday,
`July 13, 2018, and will be conducted at the USPTO Central Headquarters
`in Alexandria, Virginia (the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia, 22314). The hearing will be open to
`the public for in-person attendance that will be accommodated on a first-
`come, first-served basis.
`Each party will have one hour of argument time. Petitioner will argue
`first and may present arguments regarding the challenged claims on which
`we instituted trial, as well as arguments directed to Patent Owner’s Motion
`to Amend. Patent Owner then will have the opportunity to respond to
`Petitioner’s arguments and present arguments regarding its Motion to
`Exclude Evidence. Next, Petitioner may use any time it has reserved for
`rebuttal to respond to Patent Owner’s arguments. Finally, Patent Owner
`may use any time it has reserved for rebuttal to respond only to Petitioner’s
`arguments regarding Patent Owner’s Motion to Amend and Patent Owner’s
`Motion to Exclude Evidence. No other arguments will be heard.
`The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing. The hearing transcript will
`be entered in the record of this proceeding.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served at least (7) seven business days before the hearing. 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 are
`
`2
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`Case IPR2017-01051
`Patent 7,529,574 B2
`
`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) and CBS Interactive Inc. v. Helferich Patent Licensing,
`LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) for guidance
`regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if any objections
`cannot be resolved, the unresolved objections must be filed with the Board at
`least (2) two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives and portions thereof are subject to objection, and include a
`short (one sentence or less) statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider the
`objections and schedule a conference if the Board deems necessary.
`Otherwise, the Board will rule on the objections at the hearing.
`The parties shall provide the demonstrative exhibits to the Board by
`emailing them to Trials@uspto.gov at least (3) three business days before
`the hearing. Despite the requirement in § 42.70(b) for parties to file
`demonstratives, the parties shall not file any demonstrative exhibits in this
`case without prior authorization from the Board.
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any 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, during the hearing, the
`
`3
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`Case IPR2017-01051
`Patent 7,529,574 B2
`
`presenter should identify clearly each demonstrative exhibit (e.g., by slide or
`screen number) to ensure the clarity and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the party shall advise the Board by email no later than five (5)
`business days prior to the oral hearing, and such lead counsel shall be
`available to discuss the matter via conference call if necessary.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made (5) five days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`It is
`ORDERED that oral argument will commence at 1:30 PM ET on July
`13, 2018.
`
`
`
`
`4
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`
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`Case IPR2017-01051
`Patent 7,529,574 B2
`
`PETITIONER:
`
`Matthew Johnson
`David Cochran
`Calvin P. Griffith
`JONES DAY
`mwjohnson@jonesday.com
`dcochran@jonesday.com
`cpgriffith@jonesday.com
`
`PATENT OWNER:
`
`Scott Eads
`Karri Bradley
`SCHWABE, WILLIAMSON & WYATT, P.C.
`seads@schwabe.com
`kbradley@schwabe.com
`
`
`5
`
`
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