`Tel: 571-272-7822
`
`Paper 22
`Entered: January 4, 2017
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`NONEND INVENTIONS N.V.,
`Patent Owner.
`____________
`
`Case IPR2016-00174
`Patent 8,090,862 B2
`____________
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`Before MICHAEL W. KIM, JENNIFER S. BISK, and
`DANIEL N. FISHMAN, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`Case IPR2016-00174
`Patent 8,090,862 B2
`
`Unified Patents Inc. (“Petitioner”) and Nonend Inventions N.V.
`(“Patent Owner”) requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`Papers 19, 21. The requests are granted.
`The hearing will commence at 1:00 PM ET, on Wednesday,
`February 8, 2017, 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 that will be accommodated on a first-come,
`first-served basis. The Board will provide a court reporter, and the
`reporter’s transcript will constitute the official record of the hearing.
`Each party will have a total of sixty (60) minutes to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s patent claims at issue are unpatentable. Thus, Petitioner will
`proceed first to present its case with respect to the challenged patent claims
`and ground with respect to which the Board instituted trial. Thereafter,
`Patent Owner will respond to Petitioner’s arguments. Petitioner may reserve
`some of its argument time to respond to Patent Owner’s presentation.
`The parties also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location. 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 and the
`ability of the judge participating in the hearing remotely to closely follow
`the presenter’s arguments.
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b). Additionally, the
`parties are requested to provide a courtesy copy of any demonstrative
`
`2
`
`
`
`Case IPR2016-00174
`Patent 8,090,862 B2
`
`exhibits to the Board by emailing them to Trials@uspto.gov no later than
`4 pm ET on Friday, February 3, 2017.
`The Board asks that the parties attempt to resolve any objections to
`the demonstratives, and if any objections cannot be resolved, the parties
`must file those objections with the Board no later than 10 am ET on
`February 2, 2017. Any objection to demonstrative exhibits that is not timely
`presented 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 may refer to St. Jude Medical, Cardiology Div., Inc. v. The
`Board of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan.
`27, 2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`Requests for audio-visual equipment are to be made two (2)
`business 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.
`We expect lead counsel for each party to be present at the hearing,
`although lead or back-up counsel of record may make the presentation. If
`either party anticipates that its lead counsel will not attend 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.
`
`3
`
`
`
`Case IPR2016-00174
`Patent 8,090,862 B2
`
`The parties are reminded that, at the oral argument, they “may rely
`upon evidence that has been previously submitted in the proceeding and may
`only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012). “No new evidence or arguments may be presented at the oral
`argument.” Id.
`Accordingly, it is
`ORDERED that oral argument will commence at 1:00 PM ET, on
`Wednesday, February 8, 2017, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`
`4
`
`
`
`PETITIONER:
`David L. Cavanaugh
`david.cavanaugh@wilmerhale.com
`
`Michael Van Handel
`michael.vanhandel@wilmerhale.com
`
`Daniel V. Williams
`daniel.williams@wilmerhale.com
`
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`PATENT OWNER:
`Matthew J. Antonelli
`matt@ahtlawfirm.com
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