Trials@uspto.gov Paper 20
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`571-272-7822
`Date Entered: June 22, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`PANDUIT CORP.,
`Petitioner,
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`v.
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`CCS TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`Cases
`IPR2017-01323 (Patent 6,758,600 B2)
` IPR2017-01375 (Patent 6,869,227 B2)1
`____________
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`
`Before JONI Y. CHANG, JENNIFER S. BISK, and DANIEL J. GALLIGAN,
`Administrative Patent Judges.
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`GALLIGAN, Administrative Patent Judge.
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`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`1 We exercise our discretion to issue one Order to be filed in each case. The parties
`may not use this style heading unless authorized.
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`IPR2017-01323 (Patent 6,758,600 B2)
`IPR2017-01375 (Patent 6,869,227 B2)
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`
`The parties request oral argument for these proceedings pursuant to 37
`C.F.R. § 42.70. IPR2017-01323, Papers 17, 18; IPR2017-01375, Papers 16, 17.2
`We grant the requests. The date for oral argument is July 18, 2018.
`In each proceeding, Petitioner requests thirty (30) minutes of oral argument
`time. IPR2017-01323, Paper 17, 2; IPR2017-01375, Paper 16, 3. Patent Owner
`does not request any particular amount of time for its argument. Based on our
`review of the record in these proceedings, we determine that one and one half
`hours of oral argument time, in total, is sufficient to address the issues.
`Accordingly, each party will have forty-five (45) minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in these
`reviews are unpatentable (see 35 U.S.C. § 316(e)) and will proceed first to present
`its case with regard to the challenged claims on which we instituted trial.
`Thereafter, Patent Owner may respond to Petitioner’s case. After that, Petitioner
`may use any of its remaining time for rebuttal regarding the challenged claims.
`Please note the time and location of the hearing. The hearing will
`commence at 1:00 PM Eastern Time, on July 18, 2018, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, and it will be
`open to the public for in-person attendance. Attendees will be accommodated on a
`first-come, first-served basis. If the parties have any concern about disclosing
`confidential information, they are to contact the Board at least 10 days in advance
`of the hearing to discuss the matter. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
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`2 Patent Owner states that it does not believe oral argument is necessary in
`IPR2017-01375, but it requests the opportunity to present arguments if there is an
`oral argument. IPR2017-01375, Paper 17, 1.
`2
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`IPR2017-01323 (Patent 6,758,600 B2)
`IPR2017-01375 (Patent 6,869,227 B2)
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`hearing. No live testimony from any witness will be taken at the oral argument.
`Any counsel of record may present the party’s argument.
`Any demonstrative exhibits must be served seven business days before the
`hearing. 37 C.F.R. § 42.70(b). Demonstrative exhibits are not evidence and
`may not introduce new evidence or arguments. Instead, demonstrative exhibits
`should cite to evidence in the record. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
`Case No. IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the
`appropriate content of demonstrative exhibits. The parties must file any objections
`to the demonstratives with the Board at least two business days before the hearing.
`Any objection to demonstrative exhibits that is not presented timely 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. No argument or further explanation is
`permitted. The Board will consider the objections and schedule a conference if
`deemed necessary. Otherwise, the Board will reserve ruling on the objections until
`after the oral argument.
`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 at least five (5) business 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. 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. The parties
`also should note that one member of the panel will be attending the hearing
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`IPR2017-01323 (Patent 6,758,600 B2)
`IPR2017-01375 (Patent 6,869,227 B2)
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`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
`remotely, that demonstrative will not be considered. If the parties have questions
`as to whether demonstrative exhibits would be sufficiently visible and available to
`all of the judges, the parties are invited to contact the Board at 571-272-9797.
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`PETITIONER:
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`Kelly J. Eberspecher
`Daniel S. Stringfield
`Katherine D. Cappaert
`STEPTOE & JOHNSON LLP
`keberspecher@steptoe.com
`dstringfield@steptoe.com
`kcappaert@steptoe.com
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`PATENT OWNER:
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`Eric D. Hayes
`Eugene Goryunov
`G. William Foster
`KIRKLAND & ELLIS LLP
`eric.hayes@kirkland.com
`egoryunov@kirkland.com
`billy.foster@kirkland.com
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`4
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