Paper: 24
`Entered: March 16, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PETROLEUM GEO-SERVICES INC,
`Petitioner,
`
`v.
`
`WESTERNGECO LLC,
`Patent Owner.
`____________
`
`Cases1
`IPR2016-00407 (Patent 6,545,944)
`IPR2016-00499 (Patent 7,822,552 B2)
`____________
`
`
`
`Before BRYAN F. MOORE, SCOTT A. DANIELS, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`
`ORDER
`ORAL HEARING
`
`
`1 This Order addresses issues that are the same in each case. Therefore, we
`exercise our discretion to issue one paper to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`Entered: March 16, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PETROLEUM GEO-SERVICES INC,
`Petitioner,
`
`v.
`
`WESTERNGECO LLC,
`Patent Owner.
`____________
`
`Cases1
`IPR2016-00407 (Patent 6,545,944)
`IPR2016-00499 (Patent 7,822,552 B2)
`____________
`
`
`
`Before BRYAN F. MOORE, SCOTT A. DANIELS, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`
`ORDER
`ORAL HEARING
`
`
`1 This Order addresses issues that are the same in each case. Therefore, we
`exercise our discretion to issue one paper to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2016-00407 (Patent 6,545,944 B2)
`IPR2016-00499 (Patent 7,822,552 B2)
`
`
`37 C.F.R. § 42.70
`
`
`
`We instituted the above-identified inter partes reviews. Paper 10.2
`Both parties request oral hearing pursuant to 37 C.F.R. § 42.70 in each of the
`proceedings. Papers 21, 22. The requests are granted.
`The hearing will commence at 1:00 PM Eastern Time, on April 5,
`2017, and will be conducted at the Midwest Regional USPTO Office, 300
`River Place South, Suite 2900, Detroit, Michigan.3 The hearing will be
`open to the public for in-person attendance that will be accommodated on a
`first-come, first-serve basis. To expedite entry into the hearing room, each
`party is asked to send an email message to Trials@uspto.gov five days prior
`to the hearing, indicating the names of those planning to attend the hearing
`for its side (attorneys and others). If the parties have any concern about
`disclosing confidential information, they are requested to contact the Board
`at least 7 days in advance of the hearing to discuss the matter.
`The parties will first present arguments for IPR2016-00499. Each
`party will have 45 minutes to present its arguments, for a total of 90 minutes.
`Because Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable, Petitioner will proceed first to present its case as to
`the challenged claims and grounds the Board instituted trial. Thereafter,
`Patent Owner will respond to Petitioner’s case. Petitioner may reserve some
`of its argument time for use in further presentation after Patent Owner has
`responded to Petitioner’s initial presentation. No live testimony from any
`
`2 Citations to papers are to IPR2016-00407.
`3 See https://www.uspto.gov/about-us/uspto-locations/detroit-michigan for
`additional information.
`
`
`
`IPR2016-00407 (Patent 6,545,944 B2)
`IPR2016-00499 (Patent 7,822,552 B2)
`
`witness will be taken at the oral argument. After a brief recess, the parties
`will have 60 minutes each to present arguments for IPR2016-00407, using
`this same format.
`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.
`The Board will provide a court reporter for the oral argument and the
`reporter’s transcript will constitute the official record of the oral argument.
`The hearing transcript will be entered in the record of this proceeding.
`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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing date. 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. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`
`
`
`IPR2016-00407 (Patent 6,545,944 B2)
`IPR2016-00499 (Patent 7,822,552 B2)
`
`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, Case IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. See also CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118)
`(The Board has the discretion to limit the parties’ demonstratives to pages in
`the record should there be no easy resolution to objections over
`demonstratives.).
`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. The parties also should note that two panel members
`will be attending the hearing electronically and will only have access to the
`courtesy copy of the demonstratives provided in advance, as referenced
`above.
`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.
`
`
`
`
`
`
`IPR2016-00407 (Patent 6,545,944 B2)
`IPR2016-00499 (Patent 7,822,552 B2)
`
`PETITIONER:
`David Berl
`Jessamyn Berniker
`David Krinsky
`WILLIAMS & CONNOLLY LLP
`dberl@wc.com
`jberniker@wc.com
`dkrinsky@wc.com
`
`PATENT OWNER:
`Michael L. Kiklis
`Christopher Ricciuti
`Katherine D. Cappaert
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
`CPDocketKiklis@oblon.com
`CPDocketRicciuti@oblon.com
`CPDocketCappaert@oblon.com
`
`
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