`Tel: 571-272-7822
`
`Paper 15
`Entered: December 19, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NEOCHORD, INC.,
`Petitioner,
`
`v.
`
`UNIVERSITY OF MARYLAND, BALTIMORE and
`HARPOON MEDICAL, INC.,
`Patent Owner.
`
`Case IPR2016-00208
`Patent 7,635,386 B1
`
`Before SALLY C. MEDLEY, ERICA A. FRANKLIN, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`WORTH, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`Petitioner NeoChord, Inc. and Patent Owner University of Maryland,
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`Baltimore both request oral hearing pursuant to 37 C.F.R. § 42.70(a).
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`Papers 13, 14. Upon consideration, the requests with respect to oral hearing
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`are granted as follows. Oral argument shall commence at 2:00 pm Eastern
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`Time on January 31, 2017, on the ninth floor of Madison Building East,
`
`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`600 Dulany Street, Alexandria, Virginia. Each party will have thirty (30)
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`minutes of total time to present arguments. Petitioner bears the ultimate
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`burden of proof that the claims at issue are unpatentable. Therefore,
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`Petitioner will open the hearing by presenting its case regarding the
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`challenged claims for which the Board instituted trial. Patent Owner then
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`will have the entirety of its allotted time to respond to Petitioner’s
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`presentation. Petitioner may reserve rebuttal time to respond to Patent
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`Owner’s arguments.
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`The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis. For planning purposes, it
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`is not required, but it would be greatly appreciated, if the parties could
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`indicate to the Board by email to Trials@uspto.gov approximately how
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`many people they expect to be present at the hearing for each side.
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`At least five (5) business days prior to the hearing, each party shall
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`serve on the other party any demonstrative exhibit(s) it intends to use during
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`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
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`out any objections to demonstratives prior to involving the Board. At least
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`two (2) business days prior to the hearing, the parties shall file the
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`demonstrative exhibits with the Board. See id. The parties are directed to
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`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
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`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
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`(Paper 65), for guidance regarding the appropriate content of demonstrative
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`exhibits.
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`2
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`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`
`The parties must initiate a conference call with the Board at least two
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`business days before the hearing to present any objection regarding the
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`propriety of any demonstrative exhibit. Any objection to demonstrative
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`exhibits that is not timely presented will be considered waived. The Board
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`asks the parties to confine demonstrative exhibit objections to those
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`identifying egregious violations that are prejudicial to the administration of
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`justice. The parties are reminded that each presenter must identify clearly
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`and 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
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`reporter’s transcript.
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`The Board expects lead counsel for each party to be present in person
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`at the hearing. If a party anticipates that its lead counsel will not be
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`attending the oral argument, the parties should initiate a joint telephone
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`conference with the Board no later than two business days prior to the oral
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`hearing to discuss the matter. Any counsel of record, however, may present
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`the party’s argument.
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`Requests for audio-visual equipment are to be made at least five
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`business days in advance of the hearing date by sending the request to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing.
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`3
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`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`PETITIONER:
`
`Patterson Thuente Pedersen, P.A.
`Brad D. Pedersen
`Eric H. Chadwick
`
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`
`PATENT OWNER:
`
`Cooley LLP
`C. Scott Talbot
`Erik B. Milch
`Nancy A. Vashaw
`
`stalbot@cooley.com
`IPR2016-00208@cooley.com
`emilch@cooley.com
`nvashaw@cooley.com
`
`physical copy by MAIL to:
`
`Harpoon Medical, Inc.
`198 Log Canoe Circle
`Stevensville, MD 21666
`
`Harpoon Medical Inc.
`c/o William Niland, agent
`955 Nelson Place
`Arnold, MD 21012
`
`4