`Entered: April 13, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CAMELBAK PRODUCTS, LLC,
`Petitioner,
`
`v.
`
`IGNITE USA, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01034
`Patent 8,863,979 B2
`____________
`
`Before SALLY C. MEDLEY, KEN B. BARRETT, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`Case IPR2015-01034
`Patent 8,863,979 B2
`
`The Scheduling Order (Paper 16) for this proceeding provided that an
`
`oral hearing would be conducted if the hearing is requested by the parties
`and granted by the Board. Petitioner and Patent Owner requested oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 27, 28. The requests are
`granted.
`
`Each party will have thirty (30) minutes to present arguments.
`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. After Petitioner’s presentation, Patent Owner will
`respond to Petitioner’s argument. Petitioner may reserve rebuttal time to
`respond to argument presented by Patent Owner.
`The hearing will commence at 10:00 AM Eastern Time on May 9,
`2016, 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. The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis.
`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. 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
`
`2
`
`
`
`
`
`Case IPR2015-01034
`Patent 8,863,979 B2
`
`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. 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.
`The parties are reminded that each 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.
`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
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audiovisual 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.
`
`It is:
`ORDERED that oral arguments in this proceeding shall take place
`beginning at 10:00 AM Eastern Time on May 9, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`3
`
`
`
`
`
`
`
`4
`
`Case IPR2015-01034
`Patent 8,863,979 B2
`
`
`
`PETITIONER:
`
`David D’Ascenzo
`david@dascenzoiplaw.com
`
`PATENT OWNER:
`
`David Moreland
`litdocketing@mcciplaw.com
`
`Jessica Keesee
`jkeesee@mcciplaw.com
`
`Walter Levie, III
`tlevie@mcciplaw.com
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