Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper 25
`Entered: November 13, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`
`
`
`Case IPR2017-00114 (Patent 7,206,978 B2)1
`Case IPR2017-00116 (Patent 7,334,150 B2)
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, BARBARA A. PARVIS, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`571.272.7822
`
`
`
`
`
`Paper 25
`Entered: November 13, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner.
`
`
`
`Case IPR2017-00114 (Patent 7,206,978 B2)1
`Case IPR2017-00116 (Patent 7,334,150 B2)
`
`
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, BARBARA A. PARVIS, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers.
`
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`
`We instituted inter partes review (see, e.g., Paper 10)2 in the above-
`referenced proceedings and issued a consolidated Scheduling Order (see,
`e.g., Paper 11), which sets the date for oral hearing to December 6, 2017, if
`oral hearing is requested by either party and granted by the Board. The
`parties requested an oral hearing pursuant to 37 C.F.R. § 42.70 in each of
`these inter partes review proceedings. See, e.g., Paper 23; Paper 24. Upon
`consideration by the panel, the parties’ requests are granted.
`The hearing will commence at 1:00 PM Eastern Time, on December
`6, 2017, and will be conducted at the USPTO Headquarters, Ninth Floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia,
`22314.3 The hearing will be open to the public for in-person attendance that
`will be accommodated on a first come first serve basis.
`The parties have provided their proposals for the oral hearing.
`Petitioner requests no more than one hour per side of oral argument time.
`See, e.g., Paper 23. Patent Owner requests at least 60 minutes to address the
`issues in each proceeding. See, e.g., Paper 24. The parties will be given 45
`minutes per side for each proceeding, for a total of 1 ½ hours per side.
`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 of the challenged patents and instituted
`grounds of unpatentability. Thereafter, Patent Owner will respond to
`Petitioner’s case. After that, Petitioner will make use of the rest of its time
`for its rebuttal, responding to Patent Owner’s specific arguments presented
`
`
`2 Paper numbers are provided for IPR2017-00114, unless otherwise noted.
`3 See https://www.uspto.gov/about-us/uspto-locations/alexandria-virginia-
`headquarters for additional information.
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`at the oral hearing. No live testimony from any witness will be taken at the
`oral argument.
`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 no
`later than seven business days before the hearing date. They shall be filed
`with the Board no later than five business days prior to the hearing date. The
`parties must initiate a conference call with the Board at least three business
`days prior to the hearing to resolve any dispute over the propriety of each
`party’s demonstrative exhibits. 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 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 is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than five business days prior to the oral hearing to discuss the
`matter.
`
`
`
`IPR2017-00114 (Patent 7,206,978 B2)
`IPR2017-00116 (Patent 7,334,150 B2)
`
`
`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 transcript will be entered in the record of these proceedings.
`Any requests regarding special equipment or needs, such as for audio-
`visual equipment, should be directed to Trials@uspto.gov. Requests for
`audio-visual equipment are to be made at least five business days in advance
`of the hearing date.
`
`PETITIONER:
`
`David Hoffman
`FISH & RICHARDSON P.C.
`IPR37307-0008IP1@fr.com
`
`Martha Hopkins
`LAW OFFICES OF S.J. CHRISTINE YANG
`IPR@sjclawpc.com
`
`
`PATENT OWNER:
`
`Kenneth Weatherwax
`Nathan Lowenstein
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`lowenstein@lowensteinweatherwax.com
`
`
`
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