`571-272-7822
`
`
`
`
`
`Paper 37
`Entered: September 21, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.,
`BROAD OCEAN MOTOR LLC, and
`BROAD OCEAN TECHNOLOGIES, LLC,
`Petitioners,
`
`v.
`
`NIDEC MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2014-01122
`Patent 7,208,895 B2
`____________
`
`
`
`
`
`Before BENJAMIN D. M. WOOD, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2014-01122
`Patent 7,208,895 B2
`
`
`
`The date set for oral hearing in this proceeding is October 16, 2015, if
`hearing is requested by either party and granted by the Board. Paper 21.
`Both parties request oral hearing. Papers 35, 36. The requests are granted.
`Each side will have 30 minutes, total, to present its argument.
`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. Petitioner may reserve time to respond to arguments
`presented by Patent Owner. Patent Owner may not reserve rebuttal time.
`The hearing will commence at 2 PM on October 16, 2015, 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. At
`least one member of the panel may be attending the oral argument remotely
`by use of two-way audio-visual communication equipment. 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 requested to
`contact the Board at least 10 days in advance of the hearing to discuss the
`matter.
`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.
`
`2
`
`
`
`IPR2014-01122
`Patent 7,208,895 B2
`
`
`
`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 five 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 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 demonstrative exhibits with
`the Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstrative exhibits 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, IPR2013-00041 (PTAB January 27,
`2015) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`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
`
`3
`
`
`
`IPR2014-01122
`Patent 7,208,895 B2
`
`
`
`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 special requests for audio-visual 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 five days before
`the hearing directed to the above email address.
`
`
`
`4
`
`
`
`IPR2014-01122
`Patent 7,208,895 B2
`
`
`
`PETITIONER:
`
`Steven Meyer
`Charles Baker
`Locke Lord LLP
`ptopatentcommunication@lockelord.com
`cbaker@lockelord.com
`
`
`
`PATENT OWNER:
`
`Scott Brown
`Matthew Walters
`HOVEY WILLIAMS LLP
`jcrawford@hoveywilliams.com
`mwalters@hoveywilliams.com
`
`
`
`5
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