`
`Trials@uspto.gov
`571-272-7822 Entered: August 16, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INGURAN, LLC d/b/a SEXING TECHNOLOGIES,
`Petitioner,
`
`v.
`
`PREMIUM GENETICS (UK) LTD.,
`Patent Owner.
`____________
`
`Case PGR2015-00017
`Patent 8,933,395 B2
`
`
`
`
`
`Before KEN B. BARRETT, KRISTEN L. DROESCH, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`Inter partes review was instituted on December 22, 2015. Paper 8.
`Petitioner requested oral argument pursuant to 37 C.F.R. § 42.70. Paper 17.
`Patent Owner did not request oral argument, but indicated that Patent Owner
`will participate if the Board grants Petitioner’s request. Paper 16.
`Petitioner’s request is GRANTED. Please note that the date of oral
`argument was changed from September 16, 2016, to September 14,
`2016. Paper 14. Specifically, the hearing will commence at 9:30 AM ET,
`
`
`
`PGR2015-00017
`Patent 8,933,395
`on September 14, 2016, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia.
`Each party will have thirty (30) minutes total time to present
`arguments for the case. Petitioner will proceed first to present its case with
`respect to the challenged claims and grounds for which the Board instituted
`trial. Thereafter, Patent Owner will respond to Petitioner’s presentation.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s
`presentation.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance, accommodated
`on a first-come-first-serve basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five (5) business days before the hearing. Petitioner also shall provide the
`demonstrative exhibits to the Board no later than two (2) business days
`before the hearing by emailing a copy of the demonstrative exhibits to
`Trials@uspto.gov. We waive the requirement under 37 C.F.R. § 42.70(b)
`that demonstrative exhibits be filed no later than the time of oral argument.
`Petitioner shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. Petitioner is 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.
`The Board expects the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot
`be resolved, the parties may file any objections to demonstratives with the
`
`2
`
`
`
`PGR2015-00017
`Patent 8,933,395
`Board at least two (2) business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`The parties are reminded that during oral hearing 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 Board expects lead counsel for Petitioner to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If Petitioner anticipates that its lead counsel will not
`attend the oral argument, Petitioner should initiate a joint telephone
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov no later than two (2) business days prior to the oral
`hearing.
`Accordingly, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 9:30 AM ET on September 14, 2016.
`
`
`
`3
`
`
`
`PGR2015-00017
`Patent 8,933,395
`PETITIONER:
`Kirt S. O’Neill
`Daniel L. Moffett
`George Andrew Rosbrook
`
`AKIN GUMP STRAUSS HAUER & FELD LLP
`koneill@akingump.com
`dmoffett@akingump.com
`arosbrook@akingump.com
`
`
`
`PATENT OWNER:
`Jeffrey P. Kushan
`Mathew S Jorgenson
`Peter Choi
`
`SIDLEY AUSTIN LLP
`
`jkushan@sidley.com
`mjorgenson@sidley.com
`peter.choi@sidley.com
`
`
`
`
`
`
`4
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