`Trials@uspto.gov
`571.272.7822 Filed: November 2, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2016-01621 (Patent 6,438,057 B1)
`Case IPR2016-01622 (Patent 6,850,414 B2)
`Case IPR2016-01623 (Patent 7,315,454 B2)1
`____________
`
`
`
`Before JEAN R. HOMERE and KEN B. BARRETT,
`Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`1 This Paper will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01622 (Patent 6,850,414 B2)
`IPR2016-01623 (Patent 7,315,454 B2)
`
`Petitioner Kingston Technology Company, Inc. and Patent Owner
`
`Polaris Innovations Ltd. requested, in each of the above-captioned cases,
`oral argument pursuant to 37 C.F.R. § 42.70(a). The requests are granted.
`The hearings will commence at 1:00 PM ET, on Tuesday,
`
`November 14, 2017, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia. The hearings will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis. The Board will provide a court reporter, and the reporter’s
`transcript will constitute the official record of the hearings.
`
`Each party will have a total of thirty (30) minutes to present
`arguments for each case.
`
`In IPR2016-01621 and IPR2016-01623, Petitioner will proceed first
`to present its case with respect to the challenged patent claims and grounds
`with respect to which the Board instituted trial. Thereafter, Patent Owner
`will respond to Petitioner’s arguments. Petitioner may reserve some of its
`argument time to respond to Patent Owner’s presentation.
`
`In IPR2016-01622, Petitioner will argue first and may present
`arguments regarding the challenged claims on which we instituted trial and
`may present arguments directed to Patent Owner’s Motion to Amend.
`Patent Owner then will have the opportunity to respond to Petitioner’s
`arguments. Next, Petitioner may use any time it has reserved for rebuttal to
`respond to Patent Owner’s arguments. Finally, Patent Owner may use any
`
`2
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01622 (Patent 6,850,414 B2)
`IPR2016-01623 (Patent 7,315,454 B2)
`
`time it has reserved for rebuttal to respond only to Petitioner’s arguments
`regarding Patent Owner’s Motion to Amend.
`
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b).
`
`The Board asks that the parties attempt to resolve objections to the
`demonstratives, and if any objections cannot be resolved, the parties must
`file those objections with the Board no later than November 9, 2017. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. The parties
`may refer to St. Jude Medical, Cardiology Div., Inc. v. The Board of Regents
`of the University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65) regarding the appropriate content of demonstrative exhibits.
`Requests for audio-visual equipment are to be made five (5)
`
`business 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
`hearings, although lead or back-up counsel of record may make the
`presentation. If either party anticipates that its lead counsel will not attend
`the oral argument, the parties should initiate a joint telephone conference
`
`3
`
`
`
`IPR2016-01621 (Patent 6,438,057 B1)
`IPR2016-01622 (Patent 6,850,414 B2)
`IPR2016-01623 (Patent 7,315,454 B2)
`
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`
`Accordingly, it is
`
`ORDERED that oral argument will commence at 1:00 PM ET, on
`Tuesday, November 14, 2017, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`For PETITIONER:
`
`David Hoffman
`FISH & RICHARDSON P.C.
`hoffman@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`mhopkins@sjclawpc.com
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`
`4
`
`
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