`571-272-7822
`
`
`Paper No. 19
`Date Entered: April 23, 2015
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`WRIGHT MEDICAL TECHNOLOGY, INC.,
`Petitioner,
`v.
`THE UNIVERSITY OF NORTH CAROLINA,
`Patent Owner.
`_______________
`Case IPR2014-00626
`Patent 6,955,677 B2
`
`
`
`Before JOSIAH C. COCKS, MITCHELL G. WEATHERLY, and
`ZHENYU YANG, Administrative Patent Judges.
`
`
`COCKS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Case IPR2014-00626
`Patent 6,955,677 B2
`
`As set forth in the Scheduling Order (Paper 10), oral argument
`
`tentatively was scheduled for May 18, 2015 in connection with this
`proceeding. Both parties have requested oral argument. Papers 16, 18. The
`requests are granted.
`
`Oral argument will commence at 2 PM ET on May 18, 2015. The
`hearing will be conducted on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia 22314. The hearing will be open to the
`public for in-person attendance, which will be accommodated on a first-
`come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`
`Each party will have forty-five (45) minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Therefore, at oral hearing Petitioner will proceed
`first to present its case with regard to the challenged claims on which basis
`we instituted trial. Petitioner may reserve rebuttal time. Thereafter, Patent
`Owner will argue its opposition to Petitioner’s case. Petitioner may use any
`time Petitioner reserved to rebut Patent Owner’s opposition.
`
`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 5 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
`parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`
`
`
`2
`
`
`
`Case IPR2014-00626
`Patent 6,955,677 B2
`
`during the hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties are further directed to
`file demonstrative exhibits two business days prior to the hearing, and
`request a conference call with the Board no later than two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and 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.
`
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`It is
`
`ORDERED that oral argument will commence at 2:00 PM ET on May
`18, 2015.
`
`
`
`
`3
`
`
`
`Case IPR2014-00626
`Patent 6,955,677 B2
`
`FOR PETITIONER:
`
`Samuel Apicelli
`Jarrad Gunther
`Christopher Kroon
`DUANE MORRIS LLP
`swapicelli@duanemorris.com
`jmgunther@duanemorris.com
`cskroon@duanemorris.com
`
`FOR PATENT OWNER:
`
`Joseph Zito
`Benjamin Deming
`DNL ZITO
`jzito@dnlzito.com
`bdemin@dnlzito.com
`
`Paul Grandinetti
`mail@levygrandinetti.com
`
`
`
`
`
`4
`
`
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