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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`TENNANT COMPANY,
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`Petitioner,
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`v.
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`OXYGENATOR WATER TECHNOLOGIES, INC.,
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`Patent Owner.
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`____________
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`Case IPR2021-00625
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`Patent RE45,415
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`____________
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`PATENT OWNER’S REQUEST FOR ORAL HEARING
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`Pursuant to 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper 10) Patent
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`Owner submits this request for an oral hearing in IPR2021-0625 (Patent
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`RE45,415). The Board has set a hearing on this matter for May 20, 2022. (Paper
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`10, Due Date 8). Patent Owner requests an oral hearing (without waiving
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`consideration of any issue) to address the disputes in this IPR, including any claim
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`construction disputes, invalidity disputes under 35 U.S.C. § 102(b) and § 103, any
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`disputes raised in motions to exclude filed in this proceeding, and any additional
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`issues identified in Petitioner’s request for oral argument, and any issues on which
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`the Board seeks clarification.
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`Patent Owner conferred with Petitioner, and we agreed on the time and
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`conduct of the hearing. In accordance with that agreement Patent Owner asks the
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`Board to order 1 hour per side for oral argument. Pursuant to the Consolidated
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`Trial Practice Guide (pp. 81) Patent Owner requests the right to reserve time for
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`short sur-reply arguments. Petitioner agreed that Patent Owner may reserve time
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`for sur-reply arguments. Patent Owner also requests technology to display
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`demonstrative exhibits to the Judges, including a power-point point slide show as
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`well as papers or exhibits of record1.
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`1 Patent Owner does not know the exact physical structures Petitioner intends to show during the oral hearing and
`reserves the right to object to such physical structures or other demonstrative exhibits if appropriate.
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`Patent Owner understands that the USPTO’s March 13, 2020, notice
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`(https://www.uspto.gov/about-us/news-updates/uspto-update-person-meetings)
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`indicates that the oral argument will be conducted remotely by video or telephone.
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`PO respectfully requests that the oral hearing be conducted by videoconference
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`rather than teleconference, if possible.
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`No more than five people from Patent Owner’s side will attend the hearing.
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`If the requests in this paper are granted, we will direct our request for audio-visual
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`technology to PTABHearings@uspto.gov.
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`Dated: April 8, 2022
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`Respectfully submitted,
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`/J. Derek Vandenburgh/
`J. Derek Vandenburgh (Lead Counsel)
`Registration No. 32,179
`Carlson, Caspers, Vandenburgh
` & Lindquist, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Telephone: (612) 436-9600
`Facsimile: (612) 436-9650
`Email: DVandenburgh@carlsoncaspers.com
`
`Lead Counsel for Patent Owner
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`CERTIFICATION OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e) the undersigned certifies that on April 8,
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`
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`2022, a true and correct copy of the foregoing Patent Owner’s Request for Oral
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`Hearing was served via electronic mail upon the following:
`
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`R. Scott Johnson (Reg. No. 45,792)
`Fredrikson & Byron, P.A.
`505 E. Grand Ave., Suite 200
`Des Moines, IA 50309
`Phone: (515) 242-8930
`Fax: (515) 242-8950
`Email: RSJohnson@fredlaw.com
`
`Adam R. Steinert
`Fredrikson & Byron, P.A.
`200 South 6th Street, Suite 4000
`Minneapolis, MN 55402
`Tel: (612) 492-7000
`Fax: (612) 492-7797
`Email: asteinert@fredlaw.com
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`Thomas M. Patton (Reg. No. 76,193)
`Fredrikson & Byron, P.A.
`505 E. Grand Ave., Suite 200
`Des Moines, IA 50309
`Phone: (515) 242-8908
`Fax: (515) 242-8950
`Email: tpatton@fredlaw.com
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`/s/ J. Derek Vandenburgh
`J. Derek Vandenburgh
`(Lead Counsel)
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`1
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