throbber
Trials@uspto.gov
`571-272-7822
`
`
`Paper 20
`Entered: December 20, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PANDUIT CORP.,
`Petitioner,
`
`v.
`
`CORNING OPTICAL COMMUNICATIONS LLC,
`Patent Owner.
`____________
`
`Cases1
`IPR2017-00009 (Patent 9,020,320 B2)
`IPR2017-00029 (Patent 8,538,226 B2)
`____________
`
`
`Before BEVERLY M. BUNTING, JENNIFER MEYER CHAGNON, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`
`ORDER
`ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`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.
`
`

`

`IPR2017-00009 (Patent 9,020,320 B2)
`IPR2017-00029 (Patent 8,538,226 B2)
`
`
`We instituted the above-identified inter partes reviews. IPR2017-
`00009, Paper 7; IPR2017-00029, Paper 7. Both parties request oral
`argument pursuant to 37 C.F.R. § 42.70 in each of the proceedings.
`IPR2017-00009, Papers 31, 32; IPR2017-00029, Papers 18, 19. The
`requests are granted.
`The oral argument will commence at 1:00 PM Eastern Time, on
`January 9, 2018, and will be conducted at the Midwest Regional USPTO
`Office, 300 River Place South, Suite 2900, Detroit, Michigan.2 The oral
`argument 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 oral argument, indicating the names
`of those planning to attend the oral argument 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 oral argument to discuss the matter.
`The parties will first present arguments for IPR2017-00009. Each
`party will have 30 minutes to present its arguments, for a total of 60 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 on which 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
`
`
`2 See https://www.uspto.gov/about-us/uspto-locations/detroit-michigan for
`additional information.
`
`
`
`2
`
`

`

`IPR2017-00009 (Patent 9,020,320 B2)
`IPR2017-00029 (Patent 8,538,226 B2)
`
`from any witness will be taken at the oral argument. After a brief recess, the
`parties will have 30 minutes each to present arguments for IPR2017-00029,
`using this same format.
`The Board expects lead counsel for each party to be present at oral
`argument, 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 argument, the Board should be notified via a joint telephone conference
`call no later than two business days prior to the oral argument 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 oral argument 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 oral argument date. The parties also
`shall provide a courtesy copy of any demonstrative exhibits to the Board at
`least five business days prior to the oral argument by emailing them to
`Trials@uspto.gov. At least three business days before the oral argument,
`each of the parties shall file in the proceedings any demonstrative exhibits
`by filing as a single exhibit its set of demonstrative exhibits for oral
`argument.3
`
`
`3 The demonstrative exhibits are not evidence and will not considered as
`evidence unless otherwise ordered.
`
`
`
`3
`
`

`

`IPR2017-00009 (Patent 9,020,320 B2)
`IPR2017-00029 (Patent 8,538,226 B2)
`
`
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the oral argument. Any objection to
`demonstrative exhibits that is not timely 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, 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 oral argument to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that two panel members
`will be attending the oral argument electronically and will only have access
`to the demonstratives provided in advance, as referenced above.
`Requests for audio-visual equipment are to be made 5 days in advance
`of the oral argument date. The request is to be sent to Trials@uspto.gov. If
`
`
`
`4
`
`

`

`IPR2017-00009 (Patent 9,020,320 B2)
`IPR2017-00029 (Patent 8,538,226 B2)
`
`the request is not received timely, the equipment may not be available on the
`day of the oral argument.
`
`
`PETITIONER:
`Kelly J. Eberspecher
`David L. Hecht
`Daniel S. Stringfield
`Katherine Cappaert
`STEPTOE & JOHNSON LLP
`keberspecher@steptoe.com
`dhecht@steptoe.com
`dstringfield@steptoe.com
`kcappaert@steptoe.com
`
`PATENT OWNER:
`Eric D. Hayes
`Eugene Goryunov
`G. William Foster
`KIRKLAND & ELLIS LLP
`eric.hayes@kirkland.com
`eugene.goryunov@kirkland.com
`billy.foster@kirkland.com
`
`
`
`
`5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket