Trials@uspto.gov
`571-272-7822
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`
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`
`
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` Paper No. 31
`
`
` Entered: September 25, 2019
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`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`IPR2018-01178
`IPR2018-01179
`Patent 9,375,453 B2
`____________
`
`
`
`
`Before ERICA A. FRANKLIN, TINA E. HULSE, and
`JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
` Paper No. 31
`
`
` Entered: September 25, 2019
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`IPR2018-01178
`IPR2018-01179
`Patent 9,375,453 B2
`____________
`
`
`
`
`Before ERICA A. FRANKLIN, TINA E. HULSE, and
`JOHN E. SCHNEIDER, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2018-01178 and IPR2018-01179
`Patent 9,375,453 B2
`
`
`In each of the above-captioned cases, Petitioner and Patent Owner
`
`have requested an oral hearing pursuant to 37 C.F.R. § 42.70. Papers 26 and
`
`27. The requests are granted, as specified in this Order. Oral arguments will
`
`commence at 10:00 AM Pacific Time on Wednesday, October 16, 2019,
`
`in the Silicon Valley USPTO Hearing Room at 26 South Fourth Street, San
`
`Jose, California 95113.
`
`Each side will have sixty (60) minutes to present arguments.
`
`Petitioner will proceed first to present its case with regard to the claims and
`
`grounds on which trial was instituted. Petitioner may reserve no more than
`
`half of its time for rebuttal. Thereafter, Patent Owner may respond to
`
`Petitioner’s case, address its Motion to Amend, and may reserve some of its
`
`time for sur-rebuttal. Petitioner then may use any of its remaining time for
`
`rebuttal regarding the challenged claims and opposition to Patent Owner’s
`
`Motion to Amend. Patent Owner may then present a brief sur-rebuttal, if
`
`requested.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
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`provide a court reporter, and the transcript shall constitute the official record
`
`of the hearing.
`
`As set forth in 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`
`served at least seven (7) business days before the hearing. The parties shall
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`provide the demonstrative exhibits to the Board at least two business days
`
`prior to the hearing by emailing them to Trials@uspto.gov. The parties shall
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`not file any demonstrative exhibits in this case without prior authorization
`
`1
`
`
`
`IPR2018-01178 and IPR2018-01179
`Patent 9,375,453 B2
`
`from the Board. A hard copy of the demonstratives should be provided to
`
`the court reporter at the hearing.
`
`
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, IPR2013-00041
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`(PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content of
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`demonstrative exhibits. The Board expects that the parties will meet and
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`confer in good faith to resolve any objections to demonstrative exhibits, but
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`if such objections cannot be resolved the parties may file any objections to
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`demonstratives with the Board at least two business days before the hearing.
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`The objections should identify with particularity which portions of the
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`demonstrative exhibits are subject to objection, include a copy of the
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`objected-to portions, and include a one-sentence statement of the reason for
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`each objection. No argument or further explanation is permitted. The Board
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`will consider any objections and schedule a conference call if deemed
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`necessary. Otherwise, the Board will reserve ruling on the objections. Any
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`objection to demonstrative exhibits that is not timely presented will be
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`considered waived.
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`The parties are informed that two members of the panel will attend the
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`hearing electronically from a remote location and may not be able to view
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`the projection screen in the hearing room. Any demonstrative exhibit that
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`cannot be made available or visible to the judge(s) presiding remotely should
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`not be presented during the hearing. Counsel must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during the hearing to ensure the clarity and accuracy of the
`
`2
`
`
`
`IPR2018-01178 and IPR2018-01179
`Patent 9,375,453 B2
`
`reporter’s transcript and for the benefit of the judges presiding over the
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`hearing remotely.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. However, any counsel of record may present the party’s
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`argument as long as that counsel is present in person. If either party expects
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`that its lead counsel will not be attending the oral argument, the parties
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`should initiate a joint telephone conference with the Board no later than two
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`(2) business days prior to the oral hearing to discuss the matter.
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`A party may request remote video attendance for one or more of its
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`other attendees to view the hearing from another USPTO location. The
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`available locations include the Madison Building in Alexandria, Virginia;
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`the Texas Regional Office in Dallas, Texas; the Rocky Mountain Regional
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`Office in Denver, Colorado; and the Elijah J. McCoy Midwest Regional
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`Office in Detroit, Michigan. To request remote video viewing, a party must
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`send an email message to Trials@uspto.gov ten business days prior to the
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`hearing, indicating the requested location and the number planning to view
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`the hearing from the remote location. The Board will notify the parties if the
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`request for video viewing is granted. Note that it may not be possible to
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`grant the request due to the availability of resources.
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`Any special requests for audio-visual equipment should be directed to
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`Trials@uspto.gov. A party may also indicate any special requests related to
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`appearing at an in-person oral hearing, such as a request to accommodate
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`physical needs that limit mobility or visual or hearing impairments, and
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`indicate how the PTAB may accommodate the special request. Any special
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`3
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`
`
`IPR2018-01178 and IPR2018-01179
`Patent 9,375,453 B2
`
`requests must be presented in a separate communication not less than five
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`(5) days before the hearing.
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`Accordingly, it is:
`
`ORDERED that the parties’ requests for oral hearings are granted
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`subject to the conditions set forth in this Order; and
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`FURTHER ORDERED that oral hearings, conducted pursuant to the
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`procedures outlined above, shall commence at 10:00 AM Pacific Time on
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`Wednesday, October 16, 2019.
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`
`
`
`
`
`
`PETITIONER:
`
`James F. Harrington
`Michael I. Chakansky
`Ronald J. Baron
`John T. Gallagher
`HOFFMANN & BARON LLP
`jfhdocket@hbiplaw.com
`micdocket@hbiplaw.com
`rjbdocket@hbiplaw.com
`jtgdocket@hbiplaw.com
`
`
`PATENT OWNER:
`
`David A. Casimir, Ph. D
`J. Mitchell Jones, Ph. D
`CASIMIR JONES S.C.
`docketing@casimirjones.com
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`
`4
`
`
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