`571-272-7822
`
`
`
`Paper 33
`Date: April 23, 2018
`
`
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`____________
`
`NATIONAL OILWELL VARCO, L.P.,
`Petitioner,
`
`v.
`
`TECHNICAL INDUSTRIES, INC.,
`Patent Owner.
`
`___________
`
`Case IPR2017-00860
`Case IPR2017-009101
`
`_____________
`
`
`
`Before THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`1 The parties are not authorized to use this caption.
`
`
`
`
`
`IPR2017-00860
`IPR2017-00910
`
`
`The Scheduling Orders for these cases set the date for oral hearing as
`May 17, 2018, if a hearing is requested by the parties and granted by the
`Board. The parties have jointly requested oral hearing in each case pursuant
`to 37 C.F.R. § 42.70.
`In view of the foregoing, it is hereby
`ORDERED that the joint request for oral hearing in each case is
`granted;
`FURTHER ORDERED that the parties will have a total of 60 minutes
`to present argument in both cases; the parties may allocate their time
`between the cases as they see fit;
`FURTHER ORDERED that Petitioner will open the hearing by
`presenting its case regarding the challenged claims in both cases for which
`the Board instituted trial. After Petitioner’s presentation, Patent Owner will
`have 60 minutes to respond to Petitioner’s argument. Petitioner may reserve
`reasonable rebuttal time to respond to arguments presented by Patent Owner.
`FURTHER ORDERED that the hearing will commence at 10 A.M.
`ET on May 17, 2018, on the Ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia. 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.
`FURTHER ORDERED that 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. Demonstrative exhibits must be
`served by Tuesday, May 8, 2017. The parties also shall also provide a
`
`
`
`2
`
`
`
`IPR2017-00860
`IPR2017-00910
`
`courtesy copy of any demonstrative exhibits to the Board by emailing them
`to Trials@uspto.gov. by Tuesday, May 8, 2018.
`FURTHER ORDERED that despite the requirement in 37 C.F.R.
`§ 42.70(b) to file demonstratives, the parties shall not file any demonstrative
`exhibits in this proceeding without prior authorization from the Board. 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.
`FURTHER ORDERED that the parties must file any objections to the
`demonstratives with the Board by May 10, 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 (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference call to address them, 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.
`FURTHER ORDERED that 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. The parties may divide
`argument among counsel as they wish.
`
`
`
`3
`
`
`
`IPR2017-00860
`IPR2017-00910
`
`
`FURTHER ORDERED that if any 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 two business days prior to
`the oral hearing to discuss the matter.
`FURTHER ORDERED that 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.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-00860
`IPR2017-00910
`
`PETITIONER:
`
`Robert M. Bowick, Jr.
`Bradford T. Laney
`RALEY & BOWICK, L.L.P.
`rbowick@raleybowick.com
`blaney@raleybowick.com
`
`
`
`PATENT OWNER:
`
`Ted M. Anthony
`BABINEAUX, POCHÉ, ANTHONY & SLAVICH, L.L.C.
`tanthony@bpasfirm.com
`
`Joseph L. Lemoine, Jr.
`LEMOINE & ASSOCIATES, LLC
`joe@lemoine.com
`
`
`
`
`
`
`
`
`
`5
`
`
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