`Tel: 571-272-7822
`
`Paper 27
`Entered: February 18, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ZHONGSHAN BROAD-OCEAN MOTOR CO. LTD.,
`Petitioner,
`
`v.
`
`NIDEC MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-00465
`Patent 8,049,459 B2
`____________
`
`
`
`
`Before BENJAMIN D. M. WOOD, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2015-00465
`Patent 8,049,459 B2
`
`The date set for oral hearing in this proceeding is March 22, 2016, if
`hearing is requested by either party and granted by the Board. Paper 11.
`Both parties request oral hearing. Papers 25, 26. The requests are granted.
`Each side will have sixty (60) 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. Patent Owner has filed a Motion to
`Amend the claims and bears the burden of proof with respect to that motion.
`Accordingly, Petitioner will open the hearing by presenting its case
`regarding the challenged claims for which the Board instituted trial. After
`Petitioner’s presentation, Patent Owner will respond to Petitioner’s argument
`and also argue, if it wishes, in support of its Motion to Amend. Each side
`may reserve time to respond to arguments presented by the other side, with
`some limitations. Specifically, to the extent that Petitioner reserves rebuttal
`time, it may respond to Patent Owner’s presentation on all matters. To the
`extent that Patent Owner reserves rebuttal time, however, it may respond
`only to Petitioner’s arguments opposing the Motion to Amend.
`The hearing will commence at 1:30 PM on March 22, 2016, on the
`ninth floor of the 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. 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.
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`IPR2015-00465
`Patent 8,049,459 B2
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`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.
`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 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
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
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`IPR2015-00465
`Patent 8,049,459 B2
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`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.
`
`
`
`PETITIONER
`Gang Luo
`W. Scott Strickland
`gluo@oliff.com
`wstrickland@oliff.com
`email@oliff.com
`
`PATENT OWNER
`Scott Brown
`Matthew Walters
`sbrown@hoveywilliams.com
`mwalters@hoveywilliams.com
`litigation@hoveywilliams.com
`
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