`Tel: 571-272-7822
`
`Paper 37
`Entered: June 30, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`H&S MANUFACTURING COMPANY, INC.,
`Petitioner,
`
`v.
`
`OXBO INTERNATIONAL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00950
`Patent 8,166,739 B2
`____________
`
`
`Before PHILLIP J. KAUFFMAN, JAMES A. TARTAL, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`ORDER
`
`Granting Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`The date set for oral hearing in this proceeding is August 1, 2017, if
`
`hearing is requested by either party and granted by the Board. Paper 8.
`
`Both parties request oral hearing. Papers 34, 36. The requests are granted.
`
`Each party will have forty-five (45) minutes, total, to present its
`
`argument. Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in this inter partes review are unpatentable. Accordingly,
`
`Petitioner will open the hearing by presenting its case with regard to the
`
`challenged claims and grounds for which we instituted trial. After
`
`Petitioner’s presentation, Patent Owner will argue its opposition to
`
`Petitioner’s case. Petitioner may reserve time to rebut arguments presented
`
`by Patent Owner.
`
`The oral hearing will commence at 1:30 PM Eastern Time on
`
`Tuesday, August 1, 2017, on the ninth floor of the Madison Building East,
`
`600 Dulany Street, Alexandria, Virginia. The oral hearing will be open to
`
`the public for in-person attendance on a first-come, first-served basis. The
`
`Board will provide a court reporter for the oral hearing and the court
`
`reporter’s transcript will constitute the official record of the oral hearing.
`
`Demonstrative exhibits in this proceeding are not evidence and are
`
`intended only to assist the parties in presenting their oral argument to the
`
`Board. Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served
`
`on opposing counsel at least seven (7) business days before the oral hearing,
`
`and filed as an exhibit no later than the time of the oral hearing. The parties
`
`also shall provide a courtesy copy of any demonstrative exhibits to the
`
`Board at least three (3) business days prior to the oral hearing by emailing
`
`the exhibits to Trials@uspto.gov. The parties are directed to St. Jude
`
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`2
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`of Michigan, IPR2013-00041 (PTAB January 27, 2015) (Paper 65), for
`
`guidance regarding the appropriate content of demonstrative exhibits, which
`
`must include citations to the record.
`
`The parties shall meet and confer in good faith to resolve any
`
`objections to demonstrative exhibits, but if such objections cannot be
`
`resolved, a party may file objections to demonstratives with the Board at
`
`least three (3) business days before the oral hearing. The objections shall
`
`identify with particularity the portions of each demonstrative exhibit subject
`
`to objection, include a copy of the objected-to portions, and include a one
`
`sentence statement of the reason for each objection. No further argument or
`
`explanation is permitted. We will consider the objections and schedule a
`
`conference call if deemed necessary. Otherwise, we will reserve ruling on
`
`the objections until after the oral hearing.
`
`We expect lead counsel for each party to be present in person at the
`
`oral hearing. However, any counsel of record may present the party’s
`
`argument. If lead counsel for a party will not be attending the oral hearing,
`
`the Board shall be advised by email no later than two (2) business days prior
`
`to the oral hearing, and such lead counsel shall be available for a conference
`
`call if necessary.
`
`Requests for audio-visual equipment for the oral hearing shall be
`
`made not less than five (5) days before the oral hearing and shall be directed
`
`to Trials@uspto.gov. If requests are not received timely, equipment may not
`
`be available on the day of the oral hearing. Questions regarding audio-visual
`
`equipment for the oral hearing may be directed to the Board at
`
`(571) 272-9797.
`
`
`
`
`3
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`PETITIONER
`
`Brad Pedersen
`Eric Chadwick
`Michael Gates
`PATTERSON THUENTE PEDERSEN, P.A.
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`gates@ptslaw.com
`
`PATENT OWNER
`
`Andrew Lagatta
`Gregory Sebald
`MERCHANT & GOULD, P.C.
`alagatta@merchantgould.com
`gsebald@merchantgould.com
`
`4
`
`
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