`Tel: 571-272-7822
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`Paper 36
`Entered: March 30, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`GENERAL ELECTRIC CO.
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORP.,
`Patent Owner.
`_______________
`
`IPR2016-00526
`Patent 7,966,807 B2
`_______________
`
`
`
`Before HYUN J. JUNG, RICHARD E. RICE, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`IPR2016-00526
`Patent 7,966,807 B2
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`The parties have requested oral argument pursuant to 37 C.F.R.
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`§ 42.70. See Papers 34, 35. The requests are granted.
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`The hearing will commence at 10:00 AM Eastern Time on
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`May 8, 2017, on the ninth floor of Madison Building East, 600 Dulany
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`Street, Alexandria, Virginia 22314. The hearing will be open to the public
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`for in-person attendance, and in-person attendance will be accommodated on
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`a first-come, first-served basis. The Board will provide a court reporter for
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`the hearing, and the reporter’s transcript will constitute the official record of
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`the hearing.
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`Each party will have 30 minutes of total argument time. Petitioner
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`bears the ultimate burden of proof that the claims at issue in this review are
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`unpatentable. Therefore, at the hearing, Petitioner will proceed first to
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`present its arguments on the asserted grounds of unpatentability on which we
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`instituted trial. Petitioner may reserve rebuttal time. Thereafter, Patent
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`Owner will argue its opposition to Petitioner’s case. Petitioner may then use
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`any time Petitioner reserved to rebut Patent Owner’s opposition.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days before the hearing. The parties may refer to CBS
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`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB
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`Oct. 23, 2013) (Paper 118), regarding the appropriate content of
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`demonstrative exhibits. The parties shall meet and confer to discuss any
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`objections to demonstrative exhibits. The parties shall email their
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`demonstratives to Trials@uspto.gov at least three business days before the
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`hearing. If any issues regarding demonstratives remain unresolved after the
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`parties meet and confer, the parties shall file jointly a one-page list of
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`objections to the demonstrative exhibits at least three business days before
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`IPR2016-00526
`Patent 7,966,807 B2
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`the hearing. For each objection, the list must identify with particularity the
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`demonstratives subject to the objection and include a short, one-sentence
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`statement explaining the objection. The panel will consider the objections
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`and schedule a conference call if necessary. Otherwise, rulings on the
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`objections will be reserved until the hearing or after the hearing. Any
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`objection to demonstrative exhibits not presented timely will be considered
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`waived. The parties are reminded that the demonstrative exhibits presented
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`in this case are not evidence and are intended only to assist the parties in
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`presenting their oral argument to the panel.
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`Each party shall provide a hard copy of its demonstratives to the court
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`reporter at the hearing. At least one judge may be participating remotely via
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`a videoconferencing device and will not be able to view the projection
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`screen in the hearing room. Consequently, the parties are reminded that the
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`presenter must identify clearly and specifically each demonstrative exhibit
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`(e.g., by slide or screen number) referenced during the hearing to ensure the
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`clarity and accuracy of the transcript.
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`The Board expects lead counsel for each party to be present in person
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`at the hearing. Lead or backup counsel, however, may present the party’s
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`argument. If either party anticipates that its lead counsel will not be
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`attending the hearing, that party should initiate a joint telephone conference
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`with the other party and the panel no later than three business days prior to
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`the hearing to discuss the matter.
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`Requests for audio-visual equipment are to be made five business
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`days in advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing.
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`IPR2016-00526
`Patent 7,966,807 B2
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`It is
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`ORDERED that oral argument will commence at 10:00 AM Eastern
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`Time on May 8, 2017
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`
`
`PETITIONER:
`
`Anish Desai
`Brian Ferguson
`David J. Lender (pro hac vice)
`WEIL, GOTSHAL & MANGES LLP
`anish.desai@weil.com
`brian.ferguson@weil.com
`megan.wantland@weil.com
`christopher.pepe@weil.com
`david.lender@weil.com
`GE.WGM.Service@weil.com
`
`PATENT OWNER:
`
`M. Andrew Holtman, Ph.D.
`Jason E. Stach
`Daniel Cooley
`Patrick J. Coyne
`FINNEGAN, HENDERSON, FARRABOW, GARRETT & DUNNER, LLP
`UTC-IPR@finnegan.com
`
`Michael J. Valaik (pro hac vice)
`BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
`michael.valaik@bartlit-beck.com
`
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