Trials@uspto.gov IPR2017-00350, Paper 28
`Tel: 571-272-7822 IPR2017-00351, Paper 28
` IPR2017-00352, Paper 28
` IPR2017-00524, Paper 26
`
` Entered: February 16, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FREDMAN BROS. FURNITURE COMPANY, INC.,
`Petitioner,
`
`v.
`
`BEDGEAR, LLC,
`Patent Owner.
`_______________
`
`Cases1
` IPR2017-00350 (Patent 8,887,332 B2);
` IPR2017-00351 (Patent 9,015,883 B2);
` IPR2017-00352 (Patent 8,646,134 B1);
`IPR2017-00524 (Patent 9,155,408 B2)
`_______________
`
`
`Before HYUN J. JUNG, BART A. GERSTENBLITH, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We exercise our discretion to issue one order to be entered in each case.
`The parties are not authorized to use a caption identifying multiple
`proceedings.
`
`
`
`
`Tel: 571-272-7822 IPR2017-00351, Paper 28
` IPR2017-00352, Paper 28
` IPR2017-00524, Paper 26
`
` Entered: February 16, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FREDMAN BROS. FURNITURE COMPANY, INC.,
`Petitioner,
`
`v.
`
`BEDGEAR, LLC,
`Patent Owner.
`_______________
`
`Cases1
` IPR2017-00350 (Patent 8,887,332 B2);
` IPR2017-00351 (Patent 9,015,883 B2);
` IPR2017-00352 (Patent 8,646,134 B1);
`IPR2017-00524 (Patent 9,155,408 B2)
`_______________
`
`
`Before HYUN J. JUNG, BART A. GERSTENBLITH, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We exercise our discretion to issue one order to be entered in each case.
`The parties are not authorized to use a caption identifying multiple
`proceedings.
`
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`IPR2017-00524 (Patent 9,155,408 B2)
`
`
`The parties requested oral argument pursuant to 37 C.F.R. § 42.70 in
`
`each of the above-captioned proceedings. Papers 25, 26 in IPR2017-00350;
`
`Paper 25, 26 in IPR2017-00351; Papers 25, 26 in IPR2017-00352;
`
`Papers 23, 24 in IPR2017-00524. The parties’ requests are granted.
`
`Petitioner requests combining oral argument for all proceedings into
`
`one hearing. See, e.g., Paper 25 in IPR2017-00350. Oral argument for all
`
`four proceedings, thus, will be heard together and will commence at
`
`10:00 AM Eastern Time on March 20, 2018, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia 22314. The hearing
`
`will be open to the public for in-person attendance, and in-person attendance
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`provide a court reporter for the hearing, and the reporter’s transcript will
`
`constitute the official record of the hearing.
`
`The parties each request a total of 90 minutes to address all four cases.
`
`See, e.g., Papers 25, 26 in IPR2017-00350. In view of the substantial
`
`overlap in arguments and evidence in IPR2017-00350, IPR2017-00351, and
`
`IPR2017-00352, we allocate each party forty five (45) minutes of total
`
`argument time for the four cases. The parties may use their forty five
`
`minutes to present their arguments as they see fit, but the parties must make
`
`clear to the panel to which case(s) a particular argument applies. If the panel
`
`requires a lengthy examination of a party’s argument, the panel may extend
`
`argument time. If the panel extends argument time for one party, the panel
`
`will extend argument time for the other party by an equal amount.
`
`Petitioner bears the ultimate burden of proof that the claims at issue
`
`are unpatentable. Therefore, at the hearing, Petitioner will proceed first to
`
` 2
`
`
`
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`IPR2017-00524 (Patent 9,155,408 B2)
`
`present its arguments with regard to the challenged claims and grounds on
`
`which basis we instituted trial in these proceedings. Petitioner may reserve
`
`rebuttal time. Thereafter, Patent Owner will argue its opposition to
`
`Petitioner’s case. Petitioner may then use any time Petitioner reserved to
`
`rebut Patent Owner’s opposition.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days before the hearing. The parties also shall file a
`
`copy of the demonstratives as an exhibit at least seven business days prior to
`
`the hearing. The parties are directed to St. Jude Medical, Cardiology
`
`Division, Inc. v. The Board of Regents of the University of Michigan,
`
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance regarding
`
`the appropriate content of demonstrative exhibits. The parties shall meet
`
`and confer to discuss any objections to demonstrative exhibits at least three
`
`business days before the hearing. If any issues regarding demonstratives
`
`remain unresolved after the parties meet and confer, the parties shall file
`
`jointly a one-page list of objections to the demonstrative exhibits at least two
`
`business days before the hearing. For each objection, the list must identify
`
`with particularity the demonstratives subject to the objection and include a
`
`short, one-sentence statement explaining the objection. The panel will
`
`consider the objections and schedule a conference call if necessary.
`
`Otherwise, rulings on the objections will be reserved until the hearing or
`
`after the hearing. Any objection to demonstrative exhibits not presented
`
`timely will be considered waived. 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
`
` 3
`
`
`
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`IPR2017-00524 (Patent 9,155,408 B2)
`
`panel. Each party shall provide a hard copy of its demonstratives to the
`
`court reporter at the hearing.
`
`The Board expects lead counsel for each party to be present in person
`
`at the hearing. Lead or backup counsel, however, may present the party’s
`
`argument. If either party anticipates that its lead counsel will not be
`
`attending the hearing, that party should initiate a joint telephone conference
`
`with the other party and the panel no later than three business days prior to
`
`the hearing to discuss the matter.
`
`Requests for audio-visual equipment are to be made five business days
`
`in advance of the hearing date. The request is to be sent to
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`It is
`
`ORDERED that oral argument will commence at 10:00 AM Eastern
`
`Time on March 20, 2018, in Alexandria, Virginia.
`
` 4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`IPR2017-00524 (Patent 9,155,408 B2)
`
`PETITIONER:
`
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`ptab@eriseip.com
`
`
`PATENT OWNER:
`
`Joseph J. Richetti
`Frank Fabiani
`Alexander Walden (pro hac vice)
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`frank.fabiani@bryancave.com
`alexander.walden@bryancave.com
`PTAB-NY@bryancave.com
`
`
`
` 5
`
`
`
`
`
`
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