Paper: 24
`Trials@uspto.gov
`Tel: 571-272-7822 Entered: November 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`AVER INFORMATION INC. AND IPEVO, INC.,
`Petitioner,
`
`v.
`
`PATHWAY INNOVATIONS AND TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02108
`Patent 8,508,751 B1
`____________
`
`
`
`Before JONI Y. CHANG, THOMAS L. GIANNETTI, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`
`BEAMER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`Trials@uspto.gov
`Tel: 571-272-7822 Entered: November 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`AVER INFORMATION INC. AND IPEVO, INC.,
`Petitioner,
`
`v.
`
`PATHWAY INNOVATIONS AND TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02108
`Patent 8,508,751 B1
`____________
`
`
`
`Before JONI Y. CHANG, THOMAS L. GIANNETTI, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`
`BEAMER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2017-02108
`Patent 8,508,751 B1
`
`
`
`
`
`
`Aver Information Inc. and IPEVO, Inc. (“Petitioner”) and Pathway
`Innovations and Technologies, Inc. (“Patent Owner”) each request oral
`hearing pursuant to 37 C.F.R. § 42.70. Paper 21; Paper 22. This Order
`resolves those requests.
`We grant the parties’ requests for oral hearing. Oral argument
`shall commence at 9:30 am Eastern Time on December 13, 2018, on the
`9th floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia.
`Petitioner and Patent Owner each shall have 45 minutes of total
`time to present arguments. The hearing will proceed as follows.
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims and the proposed substitute claims. Patent Owner then
`will respond to Petitioner’s presentation. Petitioner may reserve rebuttal
`time (of no more than half its total argument time) to reply to Patent
`Owner’s arguments.
`Patent Owner may reserve sur-rebuttal time (of no more than half its
`total argument time) to respond to Petitioner’s rebuttal.
`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.
`The parties shall serve on opposing counsel demonstrative exhibits
`no later than December 6, 2018. The parties also shall provide the
`demonstrative exhibits to the Board at least three business days prior 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. A hard copy of the demonstrative exhibits should be
`
`
`
`2
`
`
`
`IPR2017-01605
`
`Patent 7,166,253 B2
`provided to the court reporter at the hearing.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`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, which must include citations to the
`record.
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file objections to demonstratives with
`the Board at least two business days before the hearing. The objections
`should 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 any objections and
`schedule a conference call if deemed necessary. Otherwise, we will
`reserve ruling on the objections. Any objection to demonstrative exhibits
`that is not timely presented will be considered waived.
`At least one member of the panel may be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. In particular, documents presented
`on the Elmo projector are not visible to remote judges, so please plan
`accordingly. If a demonstrative exhibit is not made available or visible to
`the judge(s) presiding over the hearing remotely, that demonstrative will not
`3
`
`
`
`
`
`IPR2017-02108
`Patent 8,508,751 B1
`
`be considered. Each 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 for
`the benefit of the judge(s) presiding over the hearing remotely. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern.
`No live witness testimony shall be taken at the oral argument. The
`Board expects 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 either party expects that its lead counsel will not be attending the oral
`argument, the parties 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 requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for equipment will not be honored unless
`presented in a separate communication not less than three business days
`before the hearing, directed to the above email address.
`
`It is
`ORDERED that the parties’ requests for oral hearing are granted
`subject to the conditions set forth in this Order; and
`FURTHER ORDERED that an oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 9:30 am Eastern Time on
`December 13, 2018.
`
`4
`
`
`
`
`
`
`
`
`
`IPR2017-01605
`
`Patent 7,166,253 B2
`
`
`PETITIONER
`
`Jackson Ho
`Jackson.ho@klgates.com
`
`Benjamin Weed
`Benjamin.weed.ptab@klgates.com
`
`Kevin McCormick
`Kevin.mccormick@klgates.com
`K&L Gates LLP
`
`PATENT OWNER
`
`Trevor Coddington
`trevorcoddington@sandiegoiplaw.com
`
`Donny K. Samporna
`donnysamporna@sandiegoiplaw.com
`San Diego IP Law Group LLP
`
`
`
`5
`
`
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