Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
` Paper 62
`
`
` Entered: June 18, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`FLIR Systems, Inc.,
`Petitioner,
`v.
`Leak Surveys, Inc.,
`Patent Owner.
`__________
`
`Case IPR2014-00411 (Patent 8,426,813 B2)
`Case IPR2014-00434 (Patent 8,193,496 B2)
`Case IPR2015-00065 (Patent 8,426,813 B2)
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`Before FRED E. McKELVEY, JAMES T. MOORE, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`
`
`Petitioner, FLIR Systems, Inc., requested oral hearing pursuant to 37
`C.F.R. § 42.70. Paper 97 (IPR2014-00411) and Paper 54 (IPR2015-00065).
`Patent Owner, Leak Surveys, Inc., requested an oral hearing allowing 3
`hours of oral argument time for each party, and allowing each party to
`present up to an hour of videotaped deposition testimony and a brief opening
`
`
`571-272-7822
`
`
`
`
`
`
`
`
` Paper 62
`
`
` Entered: June 18, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`FLIR Systems, Inc.,
`Petitioner,
`v.
`Leak Surveys, Inc.,
`Patent Owner.
`__________
`
`Case IPR2014-00411 (Patent 8,426,813 B2)
`Case IPR2014-00434 (Patent 8,193,496 B2)
`Case IPR2015-00065 (Patent 8,426,813 B2)
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`Before FRED E. McKELVEY, JAMES T. MOORE, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`
`
`Petitioner, FLIR Systems, Inc., requested oral hearing pursuant to 37
`C.F.R. § 42.70. Paper 97 (IPR2014-00411) and Paper 54 (IPR2015-00065).
`Patent Owner, Leak Surveys, Inc., requested an oral hearing allowing 3
`hours of oral argument time for each party, and allowing each party to
`present up to an hour of videotaped deposition testimony and a brief opening
`
`
`
`IPR2014-00411, IPR2014-00434 and IPR2015-00065
`Patents 8,426,813 B2 and 8,193,496 B2
`
`statement in their allotted time. Paper 92 (IPR2014-00411) and Paper 49
`(IPR2015-00065).
`The parties request for oral hearing is granted and Patent Owner’s
`request for 3 hours per party and videotaped testimony is denied. Oral
`arguments will commence at 9:30 AM Eastern Time on July 2, 2015, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. Each party will have seventy (70) minutes of total time to present
`arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Petitioner will, therefore,
`open the hearing by presenting its case regarding the challenged claims and
`grounds for which the Board instituted trial. The Patent Owner will then
`respond to Petitioner’s argument. Petitioner may reserve time to respond to
`arguments presented by the Patent Owner.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing.
`Patent Owner has filed an unopposed motion to seal Exhibits 2232–36
`(IPR2015-00065) and Exhibits 2195–98 (IPR2014-00411). Paper 98
`(IPR2014-00411); Paper 55 (IPR2015-00065). In addition, Patent Owner
`has filed portions of the Patent Owner’s Response under seal. Papers 51 and
`64 (IPR2014-00411); Paper 36 (IPR2015-00065). Upon review of these
`exhibits and papers, the Board concludes that the parties are capable of
`presenting their arguments in this case without discussing confidential
`information, and exercises its discretion to make the oral hearing publically
`available. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`
` 2
`
`
`
`
`
`
`
`IPR2014-00411, IPR2014-00434 and IPR2015-00065
`Patents 8,426,813 B2 and 8,193,496 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing. The Board requests that such
`exhibits be filed at the Board at least three business days before the hearing.
`The parties must initiate a conference call with the Board at least two
`business days before the hearing to present any objection regarding the
`propriety of a demonstrative exhibit. The parties are required to meet and
`confer before presenting any objection to demonstrative exhibits. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived. 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, 2014) (Paper 65), for guidance
`regarding the appropriate content of demonstrative exhibits. See also CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (PTAB October 23, 2013) (The Board has the discretion to limit the
`parties’ demonstratives to pages in the record should there be no easy
`resolution to objections over demonstratives). No live or videotaped
`testimony from any witness will be taken at the oral argument.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, 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 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
`
` 3
`
`
`
`
`
`
`
`IPR2014-00411, IPR2014-00434 and IPR2015-00065
`Patents 8,426,813 B2 and 8,193,496 B2
`
`unless presented in a separate communication not less than five days before
`the hearing, directed to the above email address.
`
`Petitioner:
`
`Joe Hetz
`jhetz@brinksgilson.com
`
`Richard DeMille
`redemille@brinksgilson.com
`
`Ralph Gabric
`rgabric@brinksgilson.com
`
`Jon H. Beaupre
`jbeaupre@brinksgilson.com
`
`Russell Emerson
`russell.emerson.ipr@haynesboone.com
`
`Patent Owner:
`
`Richard Black
`blacr@foster.com
`
`Joel Ard
`Ardjo@foster.com
`
`Phillip Born
`bornp@foster.com
`
`G. Donald Puckett
`donald.puckett@skiermonpuckett.com
`
`Rajkumar Vinnakota
`kumar.vinnakota@skiermonpuckett.com
`
` 4
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