`Tel: 571-272-7822
`
`Paper 28
`Entered: December 15, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SMITH & NEPHEW, INC.,
`Petitioner,
`v.
`CONFORMIS, INC.,
`Patent Owner.
`
`Case IPR2017-00115
`Patent 9,216,025 B2
`
`
`
`
`
`
`
`
`
`Before BEVERLY M. BUNTING, JAMES A. WORTH, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`WORTH, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Petitioner Smith & Nephew, Inc. and Patent Owner ConforMIS, Inc.
`both request oral hearing pursuant to 37 C.F.R. § 42.70(a). Papers 20, 23.
`Upon consideration, the requests with respect to oral hearing are granted as
`follows. Oral argument shall commence at 10:00 am Eastern Time on
`
`
`
`IPR2017-00115
`Patent 9,216,025 B2
`
`January 8, 2018, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. Each party will have thirty (30) minutes of
`total time to present arguments, for a total of sixty minutes. Petitioner bears
`the ultimate burden of proof that the claims at issue are unpatentable.
`Therefore, Petitioner will open the hearing by presenting its case regarding
`the challenged claims for which the Board instituted trial. Patent Owner
`then will have the entirety of its allotted time to respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time to respond to Patent
`Owner’s arguments.
`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. For planning purposes, it
`is not required, but it would be greatly appreciated, if the parties could
`indicate to the Board by email to Trials@uspto.gov approximately how
`many people they expect to be present at the hearing for each side.
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`out any objections to demonstratives prior to involving the Board. At least
`five (5) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. 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.
`
`2
`
`
`
`IPR2017-00115
`Patent 9,216,025 B2
`
`
`The parties must initiate a conference call with the Board at least two
`business days before the hearing to present any objection regarding the
`propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. The Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one panel member
`will be attending the hearing electronically and will only have access to the
`courtesy copy of the demonstratives provided in advance, as referenced
`above.
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter. Any counsel of record, however, may present
`the party’s argument.
`Requests for audio-visual equipment are to be made at least five
`business days in advance of the hearing date by sending the request to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`not be available on the day of the hearing.
`
`
`
`3
`
`
`
`IPR2017-00115
`Patent 9,216,025 B2
`
`PETITIONER:
`Christy G. Lea
`Joseph R. Re
`Colin B. Heideman
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2cgl@knobbe.com
`2jrr@knobbe.com
`2cbh@knobbe.com
`
`
`PATENT OWNER:
`
`Sanya Sukduang
`Timothy P. McAnulty
`Daniel Klodowski
`Kassandra Officer
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`sanya.sukduang@finnegan.com
`timothy.mcanulty@finnegan.com
`daniel.klodowski@finnegan.com
`kassandra.officer@finnegan.com
`
`4
`
`
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