`
`Trials@uspto.gov
`Tel: 571-272-7822 Entered: January 17, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AXON ENTERPRISE, INC.,
`Petitioner,
`
`v.
`
`DIGITAL ALLY, INC.,
`Patent Owner.
`_______________
`
`IPR2017-00375
`Patent 8,781,292 B1
`_______________
`
`
`
`Before PHILLIP J. KAUFFMAN, MINN CHUNG, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`
`The parties have requested oral argument, and the hearing will
`
`commence at 1 PM ET on Wednesday, January 31, 2018, on the ninth floor
`
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. See
`
`Papers 10 (Scheduling Order), 28 (Rescheduling Due Date 7), 32 (Patent
`
`Owner’s Request) 33 (Petitioner’s Request).
`
`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.
`
`Each party will have 60 minutes of argument time. The argument will
`
`proceed as follows. First, Petitioner will present on instituted grounds of
`
`unpatentability. Second, Patent Owner will present on instituted grounds of
`
`unpatentability and the Motion to Amend. Third, Petitioner may utilize any
`
`remaining time to present rebuttal on instituted grounds of unpatentability
`
`and the Motion to Amend. Fourth, Patent Owner may utilize any remaining
`
`time for rebuttal on the Motion to Amend.
`
`The parties are reminded that the demonstrative exhibits must be
`
`served and filed in accordance with 37 C.F.R. § 42.70(b).
`
`The Board asks that the parties attempt to resolve objections to the
`
`demonstratives, and if any objections cannot be resolved, the parties must
`
`file those objections with the Board no later than January 24, 2018. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived. The objections should identify with particularity which
`
`demonstratives are subject to objection, and include a short statement of the
`
`reason for each objection. The Board will consider the objections and
`
`
`
`2
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`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. 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 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
`
`with the Board no later than January 24, 2018, 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.
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00375
`Patent 8,781,292 B1
`
`PETITIONER:
`
`Michael D. Specht
`mspecht-PTAB@skgf.com
`
`Richard M. Bemben
`rbemben-PTAB@skgf.com
`
`Michelle K. Holoubek
`holoubek-PTAB@skgf.com
`
`
`PATENT OWNER:
`
`Jennifer Bailey
`jennifer.bailey@eriseip.com
`
`Marshall Honeyman
`Marshall.honeyman@eriseip.com
`
`
`
`
`
`
`4
`
`
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