`Trials@uspto.gov Paper No. 48
` Entered: October 3, 2017
`571.272.7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HAMAMATSU CORPORATION
`Petitioner,
`
`v.
`
`SIONYX, LLC
`Patent Owner.
`_______________
`
`Case IPR2016-01910
`Patent 8,680,591 B2
`_______________
`
`
`
`
`Before GEORGIANNA W. BRADEN and MONICA S. ULLAGADDI,
`Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2016-01910
`Patent 8,680,591 B2
`
`
`On March 30, 2017, we entered a Decision to Institute trial in
`IPR2016-01910. Paper 22. A Scheduling Order set the date for oral
`hearing, if requested by either party, as October 4, 2017. Paper 23. Pursuant
`to 37 C.F.R. § 42.70, both parties have requested oral hearing. Papers 35,
`36. Petitioner’s and Patent Owner’s requests for oral hearing are granted.
`Oral argument for this proceeding will be held on October 4, 2017 on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will commence at 2:00 PM Eastern Time and it will
`be open to the public for in-person attendance. In-person attendance will be
`accommodated on a first-come-first-served basis. If the parties have any
`concern about disclosing confidential information, they are to contact the
`Board in advance of the hearing to discuss the matter.
`Each party will have forty-five (45) minutes of total time to present
`arguments for both cases. Petitioner bears the ultimate burden of proof that
`the claims at issue are unpatentable. Therefore, Petitioner will proceed first
`to present its case with regard to the challenged claims and grounds on
`which we instituted trial. Patent Owner then will argue its opposition to
`Petitioner’s case. Petitioner may reserve rebuttal time.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`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.
`
`Furthermore, pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits
`must be served before the hearing. The parties shall provide a courtesy copy
`
`
`
`2
`
`
`
`IPR2016-01910
`Patent 8,680,591 B2
`
`of any demonstrative exhibits to the Board prior to the hearing by emailing
`them to Trials@uspto.gov. The demonstrative exhibits in this case are not
`evidence and are intended only to assist the parties in presenting their oral
`argument to the Board. The parties must, however, file any objections to the
`demonstratives with the Board before the hearing. Any objection to the
`demonstrative exhibits that is not 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 are directed to St.
`Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper
`65), for guidance regarding the appropriate content of demonstrative
`exhibits.
`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 prior to the oral hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov.
`Two judges will be participating remotely via a videoconferencing
`device and will not be able to view the projection screen in the hearing
`room. The parties are reminded that the presenter must identify clearly and
`
`
`
`3
`
`
`
`IPR2016-01910
`Patent 8,680,591 B2
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to avoid confusion, and to ensure the clarity
`and accuracy of the reporter’s transcript.
`
`
`
`FOR PETITIONER:
`
`John D. Simmons
`Stephen E. Murray
`Keith A. Jones
`SCHWARZE BELISARIO & NADEL LLP
`jsimmons@panitchlaw.com
`smurray@panitchlaw.com
`kjones@panitchlaw.com
`uspto@panitchlaw.com
`
`
`
`FOR PATENT OWNER:
`
`William D. Belanger
`Thomas J. Engellenner
`Reza Mollaaghababa
`Andrew W. Schultz
`PEPPER HAMILTON LLP
`belangerw@pepperlaw.com
`engellennert@pepperlaw.com
`mollaaghababar@pepperlaw.com
`schultza@pepperlaw.com
`
`
`
`4
`
`
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