Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 28
`Entered: February 9, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NIKE INC.,
`Petitioner,
`
`v.
`
`JEZIGN LICENSING, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00246
`Patent 6,837,590 B2
`____________
`
`Before KRISTEN L. DROESCH, PHILLIP J. KAUFFMAN, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`Inter partes review was instituted on March 30, 2017. Paper 12.
`Petitioner requested oral argument pursuant to 37 C.F.R. § 42.70. Paper 26.
`Patent Owner did not request oral argument. Petitioner’s request is
`GRANTED.
`Specifically, the hearing will commence at 4:10 PM CST, on
`February 28, 2018. Please note that the location of the oral hearing is
`Tulane Law School, Weinmann Hall, Room 110, 6329 Freret Street,
`
`
`571-272-7822
`
`
`
`
`Paper 28
`Entered: February 9, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NIKE INC.,
`Petitioner,
`
`v.
`
`JEZIGN LICENSING, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00246
`Patent 6,837,590 B2
`____________
`
`Before KRISTEN L. DROESCH, PHILLIP J. KAUFFMAN, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`Inter partes review was instituted on March 30, 2017. Paper 12.
`Petitioner requested oral argument pursuant to 37 C.F.R. § 42.70. Paper 26.
`Patent Owner did not request oral argument. Petitioner’s request is
`GRANTED.
`Specifically, the hearing will commence at 4:10 PM CST, on
`February 28, 2018. Please note that the location of the oral hearing is
`Tulane Law School, Weinmann Hall, Room 110, 6329 Freret Street,
`
`
`
`IPR2017-00246
`Patent 6,837,590 B2
`
`New Orleans, LA 70118, to coincide with the PTAB/TTAB Live Hearing
`Stadium Tour at Tulane Law School. The New Orleans hearing location
`was discussed with the parties during a conference call on November 21,
`2017. In follow-up emails to the Board on November 30, 2017 and
`December 1, 2017, the parties confirmed agreement to hold the hearing in
`New Orleans on February 28, 2018.
`Petitioner did not request a specific amount of time for argument. See
`Paper 26. Accordingly, based on the record, we determine each party will
`have thirty (30) minutes total time to present arguments for the case.
`Petitioner will proceed first to present its case with respect to the challenged
`claims and grounds for which the Board instituted trial. Thereafter, Patent
`Owner will respond to Petitioner’s presentation. Petitioner may reserve
`rebuttal time to respond to Patent Owner’s presentation.
`The hearing will be open to the public as part of the February 28,
`2018, PTAB/TTAB Live Hearing Stadium Tour at Tulane Law School. The
`Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`seven (7) business days before the hearing. The parties also shall provide
`the demonstrative exhibits to the Board no later than two (2) business days
`before the hearing by emailing a copy of the demonstrative exhibits to
`Trials@uspto.gov. We waive the requirement under 37 C.F.R. § 42.70(b)
`that demonstrative exhibits be filed no later than the time of oral argument.
`The parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. The parties are directed to St.
`
`
`
`
`2
`
`
`
`IPR2017-00246
`Patent 6,837,590 B2
`
`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 the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot
`be resolved, the parties may file any objections to demonstratives with the
`Board at least two (2) business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`The parties are reminded that during oral hearing the 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 Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not
`attend the oral argument, that party should initiate a joint telephone
`
`
`
`
`3
`
`
`
`IPR2017-00246
`Patent 6,837,590 B2
`
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`A projector, projector screen, and document camera are available for
`the parties’ use. Any special requests for additional audio visual equipment
`should be directed to Stacy E. Seicshnaydre, Dean of Experiential Learning
`and Public Interest Programs and William K. Christovich Professor, Tulane
`Law School, sseicshn@tulane.edu. Requests for special equipment will not
`be honored unless presented in a separate communication directed to the
`above email address not less than one week before the hearing.
`Accordingly, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 4:10 PM CST, on February 28, 2018, at
`Tulane Law School, Weinmann Hall, Room 110, 6329 Freret Street, New
`Orleans, LA 70118.
`
`
`
`
`
`4
`
`
`
`IPR2017-00246
`Patent 6,837,590 B2
`
`PETITIONER:
`Edward H. Sikorski
`James M. Heintz
`DLA Piper LLP
`Nike-Jezign-IPR2017-00246@dlapiper.com
`Nike-Jezign-IPR2017-00246@dlapiper.com
`
`
`
`PETITIONER:
`Joseph J. Zito
`Richard A. Castellano
`Paul Grandinetti
`DNL ZITO
`jzito@dnlzito.com
`rcastellano@dnlzito.com
`mail@levygrandinetti.com
`
`
`
`
`
`5
`
`
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