Trials@uspto.gov
`571-272-7822
`
`Paper 29
`Entered: January 28, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`RIMFROST AS,
`Petitioner,
`v.
`AKER BIOMARINE ANTARCTIC AS.,
`Patent Owner.
`
`Case IPR2018-00295
`Patent 9,320,765 B2
`
`
`Before TINA E. HULSE, JACQUELINE T. HARLOW,
`and JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`SCHNEIDER, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`571-272-7822
`
`Paper 29
`Entered: January 28, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`RIMFROST AS,
`Petitioner,
`v.
`AKER BIOMARINE ANTARCTIC AS.,
`Patent Owner.
`
`Case IPR2018-00295
`Patent 9,320,765 B2
`
`
`Before TINA E. HULSE, JACQUELINE T. HARLOW,
`and JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`SCHNEIDER, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00295
`Patent 9,320,765 B2
`
`
`Patent Owner and Petitioner both request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 26 and 28. The requests are granted to the extent
`set forth below and subject to the following conditions.
`Oral argument shall commence at 1:00 PM Central Time on March
`12, 2019, in the Texas Regional Office, Terminal Annex Federal Building,
`207 S. Houston Street, Dallas Texas 75202.
`Petitioner and Patent Owner both request sixty minutes for argument.
`Papers 26 and 28. Accordingly, the Board determines that each party shall
`be allotted sixty (60) minutes of total time to present argument. Petitioner
`bears the ultimate burden of proof that the patent claims at issue are
`unpatentable. Therefore, Petitioner will open the hearing by presenting its
`case regarding the challenged claims for which we instituted trial. Petitioner
`may reserve some of its argument time for rebuttal. Absent special
`circumstances, a petitioner will not be permitted to reserve for rebuttal more
`than half the total time allotted for argument. Thereafter, Patent Owner will
`respond to Petitioner’s presentation and present its argument regarding its
`motion to amend. Patent Owner also may reserve some of its argument time
`for a brief sur-rebuttal.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript shall 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. If the parties have any
`concern about disclosing confidential information during the hearing, they
`
`
`
`
`2
`
`
`
`IPR2018-00295
`Patent 9,320,765 B2
`
`are requested to contact the Board by March 5, 2019, to request a conference
`call to discuss the matter.
`The Board’s August 2018 Trial Practice Guide Update (“TPGU”)
`provides an opportunity for the parties to request a pre-hearing conference.
`See TPGU 19 (“The purpose of the pre-hearing conference is to afford the
`parties the opportunity to preview (but not argue) the issues to be discussed
`at the oral hearing, and to seek the Board’s guidance as to particular issues
`that the panel would like addressed by the parties.”). If either party desires a
`pre-hearing conference, the parties should jointly contact the Board by
`March 5, 2019 to request a conference call for that purpose.
`Demonstrative exhibits used at the final hearing are aids to oral
`argument and not evidence, and should be clearly marked as such. For
`example, each slide of a demonstrative exhibit may be marked with the
`words “DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits must not include new evidence and each must
`include citations to the record sufficient to establish that the exhibit contains
`no new argument or evidence not already of record in the proceeding(s) in
`which it is offered. The parties are directed to serve demonstrative exhibits
`on opposing counsel at least seven (7) days before the hearing date. Please
`also provide a courtesy copy of any demonstrative exhibits to the Board at
`least seven (7) days prior to 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 the record of this proceeding without
`prior authorization from the Board.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`
`
`
`
`3
`
`
`
`IPR2018-00295
`Patent 9,320,765 B2
`
`cannot be resolved, the parties may file any objections to demonstrative
`exhibits with the Board at least four (4) 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 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 call if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until 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 January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`Two members of the panel will attend the hearing electronically from
`remote locations and will not be able to view the projection screen in the
`hearing room. If a demonstrative exhibit is not made available prior to the
`hearing so that a judge appearing remotely has access to the demonstrative,
`that demonstrative may not be presented at the hearing. Counsel must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`page number) referenced during the hearing to ensure the clarity and
`accuracy of the reporter’s transcript and for the benefit of the judge(s)
`presiding over the hearing remotely.
`The Board expects 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 attend the oral
`hearing, the parties should initiate a joint telephone conference with the
`
`
`
`
`4
`
`
`
`IPR2018-00295
`Patent 9,320,765 B2
`
`Board no later than two (2) days prior to the oral hearing to discuss the
`matter.
`The parties may request permission to use certain audiovisual
`equipment to display exhibits during the oral hearing. Papers 26 and 28.
`Those requests, and any other special requests for audiovisual equipment,
`should be directed to Trials@uspto.gov. Requests for special equipment
`will not be honored unless presented in a separate communication not
`less than three days before the hearing, directed to the above email
`address.
`It is ORDERED that the parties’ requests for oral hearing (Papers 26
`and 28) are granted subject to the conditions set forth in this Order; and
`FURTHER ORDERED that oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 1:00 PM Central Time on
`March 12, 2019.
`PETITIONER:
`James F. Harrington
`Michael I. Chakansky
`Ronald J. Baron
`John T. Gallagher
`HOFFMANN & BARON, LLP
`jfhdocket@hbiplaw.com
`mchakansky@hbiplaw.com
`rbaron@hbiplaw.com
`jgallagher@hbiplaw.com
`
`PATENT OWNER:
`David A. Casimir
`J. Mitchell Jones
`CASIMIR JONES S.C.
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`
`
`
`5
`
`
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