`571-272-7822 Entered: April 29, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`U.S. ENDOSCOPY GROUP, INC.,
`Petitioner,
`
`v.
`
`CDX DIAGNOSTICS, INC.,
`Patent Owner.
`
`
`Case IPR2014-00639 (Patent 6,676,609 B1)
`Case IPR2014-00641 (Patent 7,004,913 B1)
`Case IPR2014-00642 (Patent 6,258,044 B1)
`
`
`
`
`
`Before PHILLIP J. KAUFFMAN and BARRY L. GROSSMAN,
`Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
`
`
`
`
`
`Case IPR2014-00639 (Patent 6,676,609 B1)
`Case IPR2014-00641 (Patent 7,004,913 B1)
`Case IPR2014-00642 (Patent 6,258,044 B1)
`
`
`The parties have requested oral argument, and the hearing will
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`commence at 1:00 PM ET on Thursday, May 21, 2015, on the ninth floor of
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`Madison Building East, 600 Dulany Street, Alexandria, Virginia. See Papers
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`9, 20, and 22.1
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`The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis.
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`Each side will have sixty (60) minutes of total argument time for all
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`three cases. Each party may allocate its time among the three cases as it
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`wishes.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s
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`claims at issue in this review are unpatentable. Therefore, Petitioner will
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`open the hearing by presenting its arguments regarding the challenged
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`claims for which the Board instituted trial in all three cases. Patent Owner
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`then will respond to Petitioner’s arguments. Petitioner may reserve time to
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`respond to arguments presented by Patent Owner. Patent Owner may not
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`reserve time.
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`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
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`be served at least five business days before the hearing date. The parties
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`also shall provide a courtesy copy of any demonstrative exhibits to the
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`Board at least five business days prior to the hearing by emailing them to
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`
`1 These references are to IPR2014-00639, and are illustrative of the papers
`filed in the other cases.
`
`2
`
`
`
`Case IPR2014-00639 (Patent 6,676,609 B1)
`Case IPR2014-00641 (Patent 7,004,913 B1)
`Case IPR2014-00642 (Patent 6,258,044 B1)
`
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
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`this proceeding without prior authorization from the Board.
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`The parties must file any objections to the demonstratives with the
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`Board at least two business days before the hearing. Any objection to
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`demonstrative exhibits that is not timely presented will be considered
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`waived. The objections should identify with particularity which
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`demonstratives are subject to objection, and include a short (one sentence or
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`less) statement of the reason for each objection. No argument or further
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`explanation is permitted. The Board will consider the objections and
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`schedule a conference if deemed necessary. Otherwise, the Board will
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`reserve ruling on the objections until after the oral argument. The parties are
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`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
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`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
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`2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. However, any counsel of record may present the party’s
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`argument. If either party expects that its lead counsel will not be attending
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`the oral argument, the parties should initiate a joint telephone conference
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`with the Board no later than two business days prior to the oral hearing to
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`discuss the matter.
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored
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`unless presented in a separate communication not less than five days before
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`the hearing directed to the above email address.
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`3
`
`
`
`Case IPR2014-00639 (Patent 6,676,609 B1)
`Case IPR2014-00641 (Patent 7,004,913 B1)
`Case IPR2014-00642 (Patent 6,258,044 B1)
`
`
`PETITIONER:
`
`Todd Tucker
`ttucker@calfee.com
`
`Mark McDougall
`ipdocket@calfee.com
`
`
`PATENT OWNER:
`
`Peter Berger
`pberger@llbl.com
`
`David Soofian
`david.soofian@kayescholer.com
`
`David Barr
`david.barr@kayescholer.com
`
`Tuvia Rotberg
`trotberg@llbl.com
`
`
`4
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