Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 59
`Entered: April 25, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`
`
`
`
`Before JENNIFER S. BISK, MICHEAL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
` 37 C.F.R. § 42.70
`
`
`Tel: 571-272-7822
`
`Paper 59
`Entered: April 25, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`
`
`
`
`Before JENNIFER S. BISK, MICHEAL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
` 37 C.F.R. § 42.70
`
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`Petitioner, Under Armour, Inc., and Patent Owner, adidas AG, each
`requested oral hearing pursuant to 37 C.F.R. § 42.70 in all three cases. E.g.,
`IPR2015-00697 Papers 31, 34. Upon consideration, the requests for oral
`hearing are granted. Oral argument shall commence at 10:00 AM Eastern
`Time on May 13, 2016, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia. The hearing 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. One or more judges of
`the panel may attend remotely. Petitioner also requested that the hearing for
`these matters be consolidated. E.g., IPR2015-00697 Paper 31, 1. We grant
`that request as well.
`Each party will have ninety (90) minutes of total time, a portion of
`which it may initially reserve, to present arguments in the following order:
`First, Petitioner may argue its grounds of unpatentability upon
`which trial was instituted and its Motions to Exclude;
`Second, Patent Owner may argue in opposition thereto and
`argue is own Motions to Exclude;
`Third, Petitioner may present rebuttal arguments with respect to
`its grounds of unpatentability and its own Motions to Exclude and
`arguments in opposition to Patent Owner’s Motions to Exclude; and
`Fourth, Patent Owner may present rebuttal arguments with
`respect to its Motions to Exclude.
`The Board will provide a court reporter, and the transcript shall constitute
`the official record of the hearing.
`
`2
`
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`served on opposing counsel at least five business days prior to the hearing.
`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 no later than the day before the hearing. The parties
`shall not file any demonstrative exhibits in these proceedings without prior
`authorization from the Board. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties may file any objections to demonstratives
`with the Board at least two business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`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 anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`
`3
`
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`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 will be attending the oral argument
`remotely via electronic audio/visual communication equipment. The remote
`judge(s) will have access only to the courtesy copy of the demonstrative
`exhibits previously submitted by email, as discussed above. 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.
`
`
`4
`
`
`
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`For PETITIONER:
`
`Brian Ferguson
`brian.ferguson@weil.com
`
`Anish Desai
`anish.desai@weil.com
`
`Christopher T. Marando
`christopher.marando@weil.com
`
`W. Sutton Ansley
`sutton.ansley@weil.com
`
`Robert T. Vlasis
`robert.vlasis@weil.com
`
`Zachary C. Garthe
`zachary.garthe@weil.com
`
`
`
`For PATENT OWNER:
`
`Mitchell Stockwell
`mstockwell@kilpatricktownsend.com
`
`Wab Kadaba
`wkadaba@kilpatricktownsend.com
`
`Jonathan Olinger
`jolinger@kilpatricktownsend.com
`
`
`5
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