`571-272-7822
`
`Paper 43
`Entered: July 21, 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
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`
`A conference call was held on July 20, 2017, between respective
`counsel for Petitioner, H&S Manufacturing Company, Inc., Patent Owner,
`Oxbo International Corporation, and Judges Kauffman, Tartal, and Cherry.
`Petitioner requests authorization to file: (1) a portion of a district court order
`concerning motions in limine previously submitted as Exhibit 1027 that was
`expunged as an unauthorized filing, and (2) a jury verdict form previously
`submitted as Exhibit 1028 that was expunged as an unauthorized filing, both
`of which issued in Oxbo Int’l Corp. v. H&S Mfg. Co., Inc., 3:15-cv-00292-
`jdp.
`
`Petitioner contended that the documents reflect the status of the
`proceeding in district court concerning the patent at issue. Patent Owner
`opposed Petitioner’s request on the grounds that the documents, as
`presented, may be incomplete, are irrelevant, and are unnecessary to this
`proceeding. If relief is granted, Patent Owner also requested authorization to
`file a jury verdict form concerning liability previously submitted as
`Exhibit 2021 that was expunged as an unauthorized filing, which Patent
`Owner also suggested was submitted as responsive to our requirements for
`mandatory disclosures. Patent Owner indicated no additional grounds for
`why inclusion of the documents in the record would be prejudicial. The
`parties also stipulated to an extension of the date for exchanging
`demonstratives to July 24, 2017, pending issuance of this order.
`Our understanding is that the district court documents could not have
`been brought to our attention earlier in briefing and, as public records of the
`district court, are informative at least as to the status of issues before the
`district court that are related to the patent at issue in this proceeding. We
`
`2
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`take no view at this time of whether the documents at issue are relevant to
`this proceeding beyond reflecting the status of the district court case.
`Accordingly, Petitioner and Patent Owner are authorized to file complete
`copies of the documents identified above as exhibits under the next available
`exhibit numbers. Prior to filing the exhibits the parties are to meet and
`confer to agree upon the content of each exhibit to assure it is a complete
`copy of the document in the records of the district court.
`For the foregoing reasons, it is hereby:
`ORDERED that Petitioner is authorized to file as an exhibit: (1) the
`complete district court order concerning motions in limine, and (2) the
`complete jury verdict form for damages issued in Oxbo Int’l Corp. v. H&S
`Mfg. Co., Inc., 3:15-cv-00292-jdp, to be filed no later than July 25, 2017;
`FURTHER ORDERED that Patent Owner is authorized to file the
`complete jury verdict form for liability issued in Oxbo Int’l Corp. v. H&S
`Mfg. Co., Inc., 3:15-cv-00292-jdp, to be filed no later than July 25, 2017;
`FURTHER ORDERED that no other document is authorized to be
`filed as an exhibit as supplemental authority; and
`FURTHER ORDERED that demonstratives for the oral hearing shall
`be exchanged between the parties no later than July 24, 2017.
`
`
`
`
`
`3
`
`
`
`IPR2016-00950
`Patent 8,166,739 B2
`
`
`PETITIONER
`Brad D. Pedersen
`Eric H. Chadwick
`Michael P. Gates
`PATTERSON THUENTE PEDERSEN, P.A.
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`gates@ptslaw.com
`
`PATENT OWNERS
`Andrew J. Lagatta
`Gregory A. Sebald
`MERCHANT & GOULD P.C.
`alagatta@merchantgould.com
`gsebald@merchantgould.com
`
`
`
`4
`
`
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