`Tel: 571-272-7822
`
`Paper 23
`Entered: March 29, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`L&P PROPERTY MANAGEMENT COMPANY,
`Petitioner,
`
`v.
`
`NATIONAL PRODUCTS INC.,
`Patent Owner.
`
`Case IPR2016-00475
`Patent 9,036,343 B2
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`
`
`
`
`
`
`
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70(a)
`
`Petitioner and Patent Owner each request an oral hearing pursuant to
`37 C.F.R. § 42.70(a). See Papers 21, 22. The requests are granted.
`Each party will have 45 minutes to present its arguments. Petitioner
`bears the ultimate burden of proof that the challenged claims are
`unpatentable. See 35 U.S.C. § 316(e). Therefore, at the hearing, Petitioner
`will proceed first to present its case as to the challenged claims, and may
`reserve rebuttal time. Patent Owner then will respond to Petitioner’s case.
`
`
`
`Case IPR2016-00475
`Patent 9,036,343 B2
`
`After that, Petitioner may use the rest of its time to respond to Patent
`Owner’s presentation.
`The hearing will take place at 10:00 AM on Thursday, April 27,
`2017. The hearing will be open to the public for in-person attendance on
`the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. One or more judges of the panel may attend
`remotely. In-person attendance will be accommodated on a first-come, first-
`served basis. The Board will provide a court reporter for the hearing, and
`the reporter’s transcript will constitute the official record of the hearing. If
`the parties have any concern about disclosing confidential information, they
`are to contact the Board at least ten days before the hearing to discuss the
`matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties shall meet and
`confer regarding any objections to demonstrative exhibits, and the parties
`shall file demonstrative exhibits with the Board at least three business days
`prior to the hearing. If any issues regarding demonstratives remain
`unresolved after the parties meet and confer, the parties shall file jointly a
`one-page list of objections at least three business days prior to the hearing.
`The list should identify with particularity which demonstrative exhibits are
`subject to objection and include a short statement (no more than one
`sentence) of the reason for each objection. No argument or further
`explanation is permitted. We will consider the objections and schedule a
`conference call if necessary. Otherwise, we will reserve ruling on the
`objections until the hearing or after the hearing. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`
`2
`
`
`
`Case IPR2016-00475
`Patent 9,036,343 B2
`
`waived. Each party also shall provide a hard copy of its demonstrative
`exhibits to the court reporter at the hearing.
`The parties are directed to St. Jude Medical, Cardiology Division,
`Inc. v. The Board of Regents of the University of Michigan, No. IPR2013-
`00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content
`of demonstrative exhibits. 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 Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, though any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for any party will not be in
`attendance at the hearing, the Board should be notified via a joint conference
`call no later than three days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment at the hearing are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearing.
`
`
`3
`
`
`
`4
`
`Case IPR2016-00475
`Patent 9,036,343 B2
`
`
`PETITIONER:
`
`Marshall Schmitt
`mjschmitt@michaelbest.com
`
`Martin Stern
`mlstern@michaelbest.com
`
`Gilberto Espinoza
`geespinoza@michaelbest.com
`
`
`
`
`
`PATENT OWNER:
`
`David Tellekson
`Dtellekson@fenwick.com
`
`Ewa Davison
`edavison@fenwick.com
`
`Christopher Schmidt
`cschmidt@fenwick.com
`
`
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