Trials@uspto.gov
`571-272-7822
`
`Paper No. 21
`Entered: March 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`Case IPR2017-00745 (Patent 9,078,905 B2)
`Case IPR2017-00746 (Patent 9,028,877 B2)
`Case IPR2017-00747 (Patent 9,078,905 B2)
`Case IPR2017-00748 (Patent 9,028,877 B2)
`
`____________
`
`Before LORA M. GREEN, ERICA A. FRANKLIN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`
`1 This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case. The parties are not authorized to use this
`case caption, or to file consolidated papers, without prior authorization.
`
`
`571-272-7822
`
`Paper No. 21
`Entered: March 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RIMFROST AS,
`Petitioner,
`
`v.
`
`AKER BIOMARINE ANTARCTIC AS,
`Patent Owner.
`____________
`
`Case IPR2017-00745 (Patent 9,078,905 B2)
`Case IPR2017-00746 (Patent 9,028,877 B2)
`Case IPR2017-00747 (Patent 9,078,905 B2)
`Case IPR2017-00748 (Patent 9,028,877 B2)
`
`____________
`
`Before LORA M. GREEN, ERICA A. FRANKLIN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`
`1 This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case. The parties are not authorized to use this
`case caption, or to file consolidated papers, without prior authorization.
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`37 C.F.R. § 42.70
`Petitioner and Patent Owner have each filed requests for oral hearing
`
`in the above captioned proceedings pursuant to 37 C.F.R. § 42.70. IPR2017-
`
`00745, Papers 19, 20; IPR2017-00746, Papers 18, 19; IPR2017-00747,
`
`Papers 19, 20; IPR2017-00748, Papers 18, 19. The requests are granted
`
`according to the terms set forth in this Order. The oral argument will
`
`commence at 1:00 PM Eastern Time on Tuesday, April 24, 2018, in Hearing
`
`Room B on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia.
`
`Each party will have one hour total time to present its arguments in
`
`the above-captioned proceedings. Petitioner bears the ultimate burden of
`
`proof that the claims at issue in this review are unpatentable. Therefore, at
`
`oral argument, Petitioner will proceed first to present its case regarding the
`
`challenged patent claims and the grounds on which the Board instituted trial.
`
`Petitioner may reserve some of its argument time to respond to arguments
`
`presented by the Patent Owner. After Petitioner’s initial presentation, Patent
`
`Owner will be given an opportunity to respond. Thereafter, Petitioner may
`
`use any reserved time to reply to Patent Owner’s presentation. Patent Owner
`
`may not reserve rebuttal time.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. Please be advised,
`
`available seating is limited. The Board will provide a court reporter, and the
`
`reporter’s transcript shall constitute the official record of the trial hearing.
`
`2
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`The parties shall serve any demonstrative exhibits on opposing
`
`counsel at least seven business days before the hearing. The parties shall
`
`also provide a courtesy copy of any demonstrative exhibits to the Board no
`
`later than two business days before the hearing by emailing them to
`
`Trials@uspto.gov. Notwithstanding 37 C.F.R. § 42.70(b), the parties shall
`
`not file any demonstrative exhibits in these proceedings.
`
`Demonstrative exhibits are not evidence and are intended only to
`
`assist the parties in presenting their oral argument to the panel. 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 confer with each other regarding any objections to
`
`demonstrative exhibits. For any issue that cannot be resolved after
`
`conferring, the parties may each file a one-page list of objections at least two
`
`business days before the hearing. The list should identify with particularity
`
`which demonstrative exhibits are subject to objection and include a short
`
`statement of the reason for each objection. No argument or further
`
`explanation is permitted. The Board will consider the objections and
`
`schedule a telephone conference if deemed necessary. Otherwise, the Board
`
`will reserve ruling on the objections until after the oral argument. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`3
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`
`The parties are reminded that 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, and to assist Judge Harlow who will join the hearing
`
`remotely from Denver, Colorado. Judge Harlow will be unable to view
`
`images projected in the hearing room. Similarly, to ensure presenters may
`
`be heard by Judge Harlow, the parties are reminded to speak only when
`
`standing at the hearing room podium and toward the attached microphone.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. Any counsel of record, however, may present the party’s
`
`argument. If either 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.
`
`The parties may request the use of audio-visual equipment during the
`
`oral hearing. Such requests should be directed to Trials@uspto.gov at least
`
`five business days in advance of the hearing date. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`Accordingly, it is
`
`ORDERED that oral arguments in this proceeding shall take place
`
`beginning at 1:00 PM Eastern Time on April 24, 2018, in Hearing Room B
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria.
`
`4
`
`
`
`IPR2017-00745 (Patent 9,078,905 B2)
`IPR2017-00746 (Patent 9,028,877 B2)
`IPR2017-00747 (Patent 9,078,905 B2)
`IPR2017-00748 (Patent 9,028,877 B2)
`
`
`PETITIONERS:
`
`James Harrington
`Michael Chakansky
`Ronald Baron
`John Gallagher
`HOFFMANN & BARON, LLP
`jfhdocket@hbiplaw.com
`mchakansky@hbiplaw.com
`rbaron@hbiplaw.com
`jgallagher@hbiplaw.com
`
`
`PATENT OWNER:
`
`David Casimir
`John Jones
`CASIMIR JONES S.C.
`dacasimir@casimirjones.com
`jmjones@casimirjones.com
`docketing@casimirjones.com
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
