`Tel: 571-272-7822
`
`Paper 15
`Entered: December 19, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NEOCHORD, INC.,
`Petitioner,
`
`v.
`
`UNIVERSITY OF MARYLAND, BALTIMORE and
`HARPOON MEDICAL, INC.,
`Patent Owner.
`
`Case IPR2016-00208
`Patent 7,635,386 B1
`
`Before SALLY C. MEDLEY, ERICA A. FRANKLIN, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`WORTH, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Petitioner NeoChord, Inc. and Patent Owner University of Maryland,
`
`Baltimore both request oral hearing pursuant to 37 C.F.R. § 42.70(a).
`
`Papers 13, 14. Upon consideration, the requests with respect to oral hearing
`
`are granted as follows. Oral argument shall commence at 2:00 pm Eastern
`
`Time on January 31, 2017, on the ninth floor of Madison Building East,
`
`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`600 Dulany Street, Alexandria, Virginia. Each party will have thirty (30)
`
`minutes of total time to present arguments. Petitioner bears the ultimate
`
`burden of proof that the claims at issue are unpatentable. Therefore,
`
`Petitioner will open the hearing by presenting its case regarding the
`
`challenged claims for which the Board instituted trial. Patent Owner then
`
`will have the entirety of its allotted time to respond to Petitioner’s
`
`presentation. Petitioner may reserve rebuttal time to respond to Patent
`
`Owner’s arguments.
`
`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. For planning purposes, it
`
`is not required, but it would be greatly appreciated, if the parties could
`
`indicate to the Board by email to Trials@uspto.gov approximately how
`
`many people they expect to be present at the hearing for each side.
`
`At least five (5) business days prior to the hearing, each party shall
`
`serve on the other party any demonstrative exhibit(s) it intends to use during
`
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`
`out any objections to demonstratives prior to involving the Board. At least
`
`two (2) business days prior to the hearing, the parties shall file the
`
`demonstrative exhibits with the Board. See id. 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.
`
`2
`
`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`
`The parties must initiate a conference call with the Board at least two
`
`business days before the hearing to present any objection regarding the
`
`propriety of any demonstrative exhibit. Any objection to demonstrative
`
`exhibits that is not timely presented will be considered waived. The Board
`
`asks the parties to confine demonstrative exhibit objections to those
`
`identifying egregious violations that are prejudicial to the administration of
`
`justice. 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 hearing. If a party anticipates 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 counsel of record, however, may present
`
`the party’s argument.
`
`Requests for audio-visual equipment are to be made at least five
`
`business days in advance of the hearing date by sending the request to
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`3
`
`
`
`IPR2016-00208
`Patent 7,635,386 B1
`
`PETITIONER:
`
`Patterson Thuente Pedersen, P.A.
`Brad D. Pedersen
`Eric H. Chadwick
`
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`
`PATENT OWNER:
`
`Cooley LLP
`C. Scott Talbot
`Erik B. Milch
`Nancy A. Vashaw
`
`stalbot@cooley.com
`IPR2016-00208@cooley.com
`emilch@cooley.com
`nvashaw@cooley.com
`
`physical copy by MAIL to:
`
`Harpoon Medical, Inc.
`198 Log Canoe Circle
`Stevensville, MD 21666
`
`Harpoon Medical Inc.
`c/o William Niland, agent
`955 Nelson Place
`Arnold, MD 21012
`
`4
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