Trials@uspto.gov Paper 56
`571-272-7822
` Date Entered: January 11, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALLSTEEL INC.,
`Petitioner,
`v.
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01691
`Patent 8,024,901 B2
`____________
`
`Before SALLY C. MEDLEY, SCOTT A. DANIELS, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`Both parties request a hearing in this case regarding newly instituted
`claims 8, 11, 13, and 21–23 pursuant to 37 C.F.R. § 42.70. Papers 54, 55.
`The requests are granted.
`The hearing will commence at 1:00 PM Eastern Time on February 15,
`2019, and it will be open to the public for in-person attendance, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`571-272-7822
` Date Entered: January 11, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALLSTEEL INC.,
`Petitioner,
`v.
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01691
`Patent 8,024,901 B2
`____________
`
`Before SALLY C. MEDLEY, SCOTT A. DANIELS, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`Both parties request a hearing in this case regarding newly instituted
`claims 8, 11, 13, and 21–23 pursuant to 37 C.F.R. § 42.70. Papers 54, 55.
`The requests are granted.
`The hearing will commence at 1:00 PM Eastern Time on February 15,
`2019, and it will be open to the public for in-person attendance, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`In-person attendance will be accommodated on a first-come first-served
`basis. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Based on the record of this proceeding, each party will have thirty
`(30) minutes total time to present arguments for claims 8, 11, 13, and 21–
`23.1 Petitioner will proceed first to present its case with respect to claims 8,
`11, 13, and 21–23. Thereafter, Patent Owner will respond to Petitioner’s
`presentation with respect to claims 8, 11, 13, and 21–23. Petitioner may
`reserve rebuttal time to respond to Patent Owner’s presentation.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`seven business days prior to the hearing. They shall be filed at the Board
`four business days prior to the hearing. Demonstrative exhibits used at the
`oral 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 cannot be used to
`advance arguments or introduce evidence not previously presented in the
`record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir.
`2018) (noting that the “Board was obligated to dismiss [the petitioner’s]
`untimely argument . . . raised for the first time during oral argument”).
`Here, due to the limited issues for hearing, we encourage the parties to limit
`the pages of its respective demonstrative exhibits to no more than twenty
`(20) pages.
`
`
`1 Petitioner does not specify an amount of time for presenting arguments.
`Paper 54. Patent Owner requests a one-hour hearing, with thirty (30)
`minutes allotted to each side. Paper 55, 1.
`2
`
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`
`
`
`The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. Should either party disagree
`with the propriety of any of the opposing party’s demonstratives, the party
`may send an email to Trials@uspto.gov three days prior to the hearing,
`identifying the opposing party’s slide(s) objected to and a brief sentence as
`to the general basis of the objection(s). The Board will then take the
`objections under advisement, and if the content is inappropriate, it will not
`be considered. Any dispute over the propriety of demonstrative exhibits that
`is not timely presented three business days prior to the hearing will be
`considered waived. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (October 23,
`2013), regarding the appropriate content of demonstrative exhibits. In
`general, if the content on a slide cannot be readily associated with an
`argument made, or evidence referenced, in a substantive paper, it is
`inappropriate. The best practice is to indicate on each slide where support
`may be found in a substantive paper and/or an exhibit of record in this
`proceeding.
`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 at least one member
`of the panel may be attending the hearing electronically from a remote
`location, and that if a demonstrative is not made fully available or visible to
`all judges at the hearing, that demonstrative will not be considered.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
`
`3
`
`
`
`
`
`
`IPR2015-01691
`Patent 8,024,901 B2
`
`
`made 5 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 Board expects lead counsel for each party to be present at the
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the hearing,
`the Board should be notified via a joint telephone conference call no later
`than two days prior to the hearing to discuss the matter.
`
`
`For PETITIONER:
`
`Victor Jonas
`Trevor Carter
`Nicholas Anderson
`Timothy Sullivan
`FAEGRE BAKER DANIELS
`Victor.jonas.ptab@faegrebd.com
`Trevor.carter@faegrebd.com
`Nick.anderson@faegrebd.com
`Timothy.sullivan@faegrebd.com
`
`For PATENT OWNER:
`
`Chad Nydegger
`David Todd
`Michael Frodsham
`Robert Florence
`WORKMAN NYDEGGER
`cnydegger@wnlaw.com
`dtodd@wnlaw.com
`mfrodsham@wnlaw.com
`rflorence@wnlaw.com
`
`
`
`4
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
