`Tel: 571-272-7822
`
`
`Paper 43
`Entered: September 13, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE BOEING COMPANY,
`Petitioner,
`
`v.
`
`SEYMOUR LEVINE,
`Patent Owner.
`_______________
`
`Case IPR2015-01341
`Patent RE39,618
`_______________
`
`
`
`Before MICHAEL W. KIM, TRENTON A. WARD, and
`DANIEL N. FISHMAN, Administrative Patent Judges.
`
`WARD, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2015-01341
`Patent RE39,618
`
`
`On August 22, 2016, pursuant to 37 C.F.R. § 42.70, both Petitioner and
`Patent Owner requested oral hearing. Papers 38, 40. The request for oral hearing
`is granted.
`Oral argument will be held on September 14, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, commencing at
`1:30 PM ET. Each party will have a total of forty-five (45) minutes of argument
`time. Petitioner bears the ultimate burden of proof that the claims at issue are
`unpatentable. Therefore, Petitioner will proceed first to present its case with
`regard to the challenged claims and grounds on which we instituted trial in these
`proceedings. Patent Owner then will argue its opposition to Petitioner’s case.
`Finally, Petitioner may use any time it reserved to rebut Patent Owner’s
`opposition.
`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. If the parties have any concern about
`disclosing confidential information, they are to contact the Board at least 5 days in
`advance of the hearing to discuss the matter.
`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 before the hearing. The parties shall provide a courtesy copy of any
`demonstrative exhibits to the Board prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in these
`
` 2
`
`
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`
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`
`IPR2015-01341
`Patent RE39,618
`
`proceedings without prior authorization from the Board. A printed copy of the
`demonstratives should be provided to the court reporter at the hearing.
`The parties must file any objections to the demonstratives with the Board
`before the hearing. Any objection to the demonstrative exhibits that is not
`presented timely will be considered waived. The objections should identify with
`particularity which demonstratives 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, 2014) (Paper 65), for guidance
`regarding the appropriate content of demonstrative exhibits. The parties are
`reminded that demonstrative exhibits are not evidence.
`The Board expects lead counsel for each party to be present at oral hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If lead counsel for either party will not be in attendance at oral hearing, the Board
`should be notified via a joint telephone conference call no later than two business
`days prior to the oral hearing to discuss the matter. Furthermore, for this
`proceeding, the Board will permit two attorneys at counsel table for Patent Owner
`and counsel table for Petitioner to use computers, in addition to counsel presenting
`the arguments, as requested by Patent Owner.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection screen in the
`
` 3
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`
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`IPR2015-01341
`Patent RE39,618
`
`hearing room. 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 avoid confusion, and to ensure the clarity and accuracy of the
`reporter’s transcript.
`
`
`
`PETITIONER:
`
`Ryan McBrayer
`Chun Ng
`PERKINS COIE LLP
`rmcbrayer@perkinscoie.com
`cng@perkinscoie.com
`
`Edward (Ted) G. Dane
`Peter E. Gratzinger
`MUNGER, TOLLES & OLSON LLP
`Ted.Dane@mto.com
`Peter.Gratzinger@mto.com
`
`
`
`PATENT OWNER:
`
`Bruce R. Zisser
`Amardeep (Amar) L. Thakur
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`brucezisser@quinnemanuel.com
`amarthakur@quinnemanuel.com
`
`
`
` 4
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