Paper No. 37
`Trials@uspto.gov
`571-272-7822 Entered: October 4, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`R.J. REYNOLDS VAPOR COMPANY,
`Petitioner,
`
`v.
`
`FONTEM HOLDINGS 1 B.V.,
`Patent Owner.
`____________
`
`Case IPR2016-01692
`Patent 9,326,548 B2
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: October 4, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`R.J. REYNOLDS VAPOR COMPANY,
`Petitioner,
`
`v.
`
`FONTEM HOLDINGS 1 B.V.,
`Patent Owner.
`____________
`
`Case IPR2016-01692
`Patent 9,326,548 B2
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2016-01692
`Patent 9,326,548 B2
`
`
`Petitioner and Patent Owner each have requested an oral hearing
`
`pursuant to 37 C.F.R. § 42.70. Papers 32, 33. The requests are granted.
`
`Oral arguments will commence at 1:00 PM Eastern Time on
`
`October 26, 2017, on the ninth floor of Madison Building East,
`
`600 Dulany Street, Alexandria, Virginia.
`
`Each side will have forty-five (45) minutes to present arguments.
`
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`
`review are unpatentable. Petitioner will open the hearing by presenting its
`
`case regarding the challenged claims for which the Board instituted trial.
`
`Patent Owner will then respond to Petitioner’s arguments. Petitioner may
`
`reserve time to respond to arguments presented by Patent Owner, with some
`
`limitations. More specifically, to the extent that Petitioner reserves time, it
`
`may respond only to Patent Owner’s presentation on all matters.
`
`The hearing 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 transcript shall constitute the official record
`
`of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven (7) business days before the hearing. The parties also shall
`
`provide the demonstrative exhibits to the Board at least two (2) business
`
`days prior to the hearing by emailing them to Trials@uspto.gov. Despite the
`
`requirement in § 42.70(b) for parties to file demonstratives, the parties shall
`
`not file any demonstrative exhibits in this case without prior authorization
`
`from the Board. A hard copy of the demonstratives should be provided to
`
`the court reporter at the hearing.
`
`
`
`2
`
`
`
`IPR2016-01692
`Patent 9,326,548 B2
`
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
`
`(PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content of
`
`demonstrative exhibits. The Board expects that the parties will meet and
`
`confer in good faith to resolve any objections to demonstrative exhibits, but
`
`if such objections cannot be resolved the parties may file any objections to
`
`demonstratives with the Board at least two (2) business days before the
`
`hearing. The objections should identify with particularity which portions of
`
`the demonstrative exhibits are subject to objection, include a copy of the
`
`objected-to portions, and include a one-sentence statement of the reason for
`
`each objection. No argument or further explanation is permitted. The Board
`
`will consider any objections and schedule a conference call if deemed
`
`necessary. Otherwise, the Board will reserve ruling on the objections. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`The parties also should note that at least one member of the panel will
`
`be attending the hearing electronically from a remote location, and that if a
`
`demonstrative is not made fully available or visible to the judge(s)
`
`participating in the hearing remotely, that demonstrative will not be
`
`considered. The parties are also 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 and the ability of the judge(s) participating in the
`
`hearing remotely to closely follow the presenter’s arguments.
`
`The Board expects lead counsel for each party to be present at
`
`hearing, although any backup counsel may make the actual presentation, in
`
`
`
`3
`
`
`
`IPR2016-01692
`Patent 9,326,548 B2
`
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`
`Board should be notified via a joint telephone conference call no later than
`
`two (2) business days prior to the hearing to discuss the matter.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made five (5) days in advance of the hearing date. The
`
`request is to be sent to Trials@uspto.gov, any requests not sent specifically
`
`to that email address will not be considered timely. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2016-01692
`Patent 9,326,548 B2
`
`
`FOR PETITIONER:
`
`Ralph Gabric
`rgabric@brinksgilson.com
`
`Robert Mallin
`rmallin@brinksgilson.com
`
`Yuezhong Feng
`yfeng@brinksgilson.com
`
`
`FOR PATENT OWNER:
`
`Michael Wise
`mwise@perkinscoie.com
`
`Joseph Hamilton
`jhamilton@perkinscoie.com
`
`Tyler Bowen
`tbowen@perkinscoie.com
`
`
`
`
`
`5
`
`
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