`Tel: 571-272-7822
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`Paper No. 29
`Entered: January 4, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TIFFANY AND COMPANY,
`Petitioner,
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`v.
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`LAZARE KAPLAN INTERNATIONAL, INC.,
`Patent Owner.
`
`Case IPR2015-00024
`Patent 6,476,351 B1
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`
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`Before MICHAEL P. TIERNEY, MICHELLE R. OSINSKI, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
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`ABRAHAM, Administrative Patent Judge.
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`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10)
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`
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`IPR2015-00024
`Patent 6,476,351 B1
`
`
`Patent Owner, Lazare Kaplan International, Inc., requested oral
`argument pursuant to 37 C.F.R. § 42.70(a). Paper 27. Petitioner, Tiffany
`and Company, did not file a request. Patent Owner’s request is granted.
`The hearing will commence at 10:00 AM ET,1 on Thursday, January
`21, 2016, and it will be open to the public for in-person attendance, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance 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 a total of forty-five (45) minutes to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue are unpatentable. Thus, Petitioner, to the extent it
`wishes to participate, will proceed first to present its case with regard to the
`challenged claims and grounds for which the Board instituted trial.
`Thereafter, Patent Owner will respond to Petitioner’s case. Petitioner may
`reserve some of its argument time to respond to Patent Owner’s
`presentation.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. They shall be filed at the Board two
`business days prior to the hearing, and the parties must initiate a conference
`call with the Board by two business days prior to the hearing to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. Any
`dispute over the propriety of demonstrative exhibits that is not timely
`presented two business days prior to the hearing will be considered waived.
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`1 Please note that this is an hour later than the time designated in the original
`Scheduling Order. Paper 8.
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`2
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`IPR2015-00024
`Patent 6,476,351 B1
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`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
`the appropriate content of demonstrative exhibits.
`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.
`At least one member of the panel hearing this case will attend the
`hearing remotely, by video and audio link. The parties are reminded that the
`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 to ensure that a remote
`judge can follow the argument. The parties are requested to speak directly
`into the microphone, including during initial introduction of counsel.
`The Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the hearing,
`the Board should be notified via a joint telephone conference call no later
`than two days prior to the hearing to discuss the matter.
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`3
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`4
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`IPR2015-00024
`Patent 6,476,351 B1
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`PETITIONER:
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`P. Weston Musselman, Jr.
`Adam Shartzer
`Ricardo Bonilla
`FISH & RICHARDSON P.C.
`musselman@fr.com
`shartzer@fr.com
`PTABInbound@fr.com
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`
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`PATENT OWNER:
`
`Mehran Arjomand
`Fahd Hussein Patel
`MORRISON & FOERSTER LLP
`marjomand@mofo.com
`fpatel@mofo.com