`571-272-7822
`
`
`
`
`Paper 44
`Entered: November 14, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00060
`Patent 8,992,608 B2
`____________
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`
`The date set for oral argument in this proceeding is
`
`December 19, 2017, if requested by either party and granted by the Board.
`
`Paper 8. Petitioner and Patent Owner both request oral argument.
`
`Papers 38, 43. The requests for oral argument are granted as provided
`
`below.
`
`Each side will have forty (40) minutes, total, to present its argument in
`
`the case. Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in this review are unpatentable and shall open the hearing by
`
`presenting its case regarding the challenged claims for which the Board
`
`instituted trial. After Petitioner’s presentation, Patent Owner will respond to
`
`Petitioner’s argument. Petitioner may reserve rebuttal time to respond to
`
`arguments presented by Patent Owner.
`
`The hearing will commence at 1:00 PM on December 19, 2017, on the
`
`ninth floor of the Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`hearing will be open to the public for in-person attendance that will be
`
`accommodated on a first-come, first-served basis. If the parties have any
`
`concern about disclosing confidential information, they are requested to
`
`contact the Board at least seven days in advance of the hearing to discuss the
`
`matter.
`
`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.
`
`2
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`
`be served at least seven business days before the hearing date and filed no
`
`later than the time of the oral argument. 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 must file any objections to the demonstrative exhibits 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
`
`demonstrative exhibits 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. Board of Regents
`
`of the University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2015)
`
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`
`exhibits. The parties are reminded that the demonstrative exhibits presented
`
`in this case are not evidence and are intended only to assist the parties in
`
`presenting their oral argument to the panel.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, any counsel of record may present the party’s
`
`argument. If either party expects that its lead counsel will not be attending
`
`the oral argument, the parties should initiate a joint telephone conference
`
`3
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`with the Board no later than two business days prior to the oral hearing to
`
`discuss the matter.
`
`Any special requests for audio-visual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored
`
`unless presented in a separate communication not less than five days before
`
`the hearing directed to the above email address.
`
`
`
`
`
`4
`
`
`
`IPR2017-00060
`Patent 8,992,608 B2
`
`
`For PETITIONER:
`
`Gregory Cordrey
`gcordrey@jmbm.com
`
`Brian Egan
`began@mnat.com
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`
`For PATENT OWNER:
`
`Jennifer Sklenar
`Jennifer.sklenar@apks.com
`
`Wallace Wu
`Wallace.wu@apks.com
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
