`571-272-7822
`
`Paper 40
`Entered: January 9, 2018
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`EMERSON ELECTRIC CO.,
`Petitioner,
`
`v.
`
`SIPCO, LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00216
`Patent 8,013,732 B2
`_______________
`
`
`
`Before LYNNE E. PETTIGREW, STACEY G. WHITE, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`.
`
`WHITE, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`
`The Scheduling Order (Paper 9) for this proceeding provided that an oral
`
`
`
`hearing would be conducted on February 5, 2018, if the hearing is requested by the
`
`parties and granted by the Board. Petitioner and Patent requested oral hearing
`
`pursuant to 37 C.F.R. § 42.70. Papers 37, 38. The requests for oral hearing are
`
`granted.
`
`Please note the time and location of the hearing. The hearing will
`
`commence at 1:00 PM on February 5, 2018, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia. The Board will provide a
`
`court reporter for the hearing and the reporter’s transcript will constitute the
`
`official record of the hearing. The hearing will be open to the public for in-person
`
`attendance that will be accommodated on a first-come, first-served basis. If the
`
`parties have any concern about disclosing confidential information, they are to
`
`contact the Board at least 10 days in advance of the hearing to discuss the matter.
`
`Each party will have forty-five (45) minutes of total oral argument time.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
`
`this review are unpatentable. Therefore, Petitioner will open the hearing by
`
`presenting its case regarding the challenged claims for which the Board instituted
`
`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`
`argument. Petitioner may reserve rebuttal time to respond to arguments presented
`
`by Patent Owner.
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
`
`deposition testimony must file such testimony as an exhibit. The Board will not
`
`consider any deposition testimony that has not been so filed. Furthermore, under
`
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least seven
`
`business days before the hearing date. The parties also shall provide a courtesy
`
`copy of any demonstrative exhibits to the Board at least five business days prior
`
`2
`
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`
`to the hearing by emailing them to Trials@uspto.gov. The parties shall not file any
`
`demonstrative exhibits in this proceeding without prior authorization from the
`
`Board.
`
`The parties must file any objections to the demonstratives with the Board at
`
`least two business days before the hearing. Any objection to demonstrative
`
`exhibits that is not presented timely 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 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), for guidance regarding the appropriate content of
`
`demonstrative exhibits. No live testimony from any witness will be taken at the
`
`oral argument.
`
`The Board expects lead counsel for the parties to be present in person at the
`
`oral hearing. Any counsel of record, however, may present the party’s argument.
`
`If either party expects that its lead counsel will not be attending the oral argument,
`
`it should initiate a joint telephone conference with the Board no later than two
`
`business days prior to the oral hearing to discuss the matter.
`
`Any special requests for audiovisual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`
`presented in a separate communication not less than seven business days before
`
`the hearing, directed to the above email address.
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`
`
`PETITIONER:
`
`Steven Pepe
`Steven.pepe@ropesgray.com
`
`James R. Batchelder
`James.batchelder@ropesgray.com
`
`James L. Davis, Jr.
`James.l.davis@ropesgray.com
`
`Kathryn N. Hong
`Kathryn.hong@ropesgray.com
`
`Daniel Richards
`Daniel.richards@ropesgray.com
`
`
`PATENT OWNER:
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Thomas Meagher
`tmeagher@meagheremanuel.com
`
`
`4
`
`
`