`Tel: 571-272-7822
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`Paper No. 22
`Entered: March 29, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`K/S HIMPP,
`Petitioner,
`
`v.
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`BENHOV GMBH, LLC,
`Patent Owner.
`____________
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`Case IPR2017-00930
`Patent 8,170,884 B2
`____________
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`Before BARBARA A. PARVIS, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
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`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`Both parties requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`Papers 17, 21. The requests are granted and each party will be allotted sixty
`(60) minutes for argument.
`The hearing will commence at 1:00 PM ET, on Monday,
`April 30, 2018, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. The hearing will be open to the public for in-
`person attendance that will be accommodated on a first-come, first-served
`basis. The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Petitioner will proceed first to
`present its case with respect to the challenged patent claims and grounds
`with respect to which the Board instituted. Petitioner may reserve some of
`its argument time to respond to Patent Owner’s presentation. Thereafter,
`Patent Owner will respond to Petitioner’s arguments. Lastly, Petitioner may
`make use of the time it has reserved, if any, to rebut Patent Owner’s
`opposing presentation regarding patentability.
`Demonstrative exhibits must be served on the opposing party at least
`five (5) business days before the hearing date. 37 C.F.R. § 42.70(b). The
`parties also shall provide a courtesy copy of any demonstrative exhibits to
`the Board at least five (5) business days prior to the hearing by emailing
`them to Trials@uspto.gov. Despite the requirement in § 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 should note that at least one member of the panel will be
`attending the hearing electronically from a remote location. The parties are
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`Patent 8,170,884 B2
`reminded that each presenter must identify clearly and specifically each
`document, exhibit, or 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 for the benefit of judges participating electronically
`from remote locations.
`The parties must file any objections to the demonstrative exhibits with
`the Board at least three (3) business days before the hearing. 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.
`Requests for audio-visual equipment are to be made five (5)
`business days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov or should be directed to the Board at (571) 272-9797. If
`the request is not received timely, the equipment may not be available on the
`day of the hearing.
`The Board expects lead counsel for each party to be present at the
`hearing, although lead or back-up counsel of record may make the
`presentation. If either party anticipates that its lead counsel will not attend
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`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two (2) business days prior to the oral hearing to
`discuss the matter.
`The parties are reminded that, at the oral argument, they “may rely
`upon evidence that has been previously submitted in the proceeding and
`may only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768
`(Aug. 14, 2012). “No new evidence or arguments may be presented at the
`oral argument.” Id.
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`Accordingly, it is
`ORDERED that oral argument will commence at 1:00 PM ET,
`on Monday, April 30, 2018, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
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`PETITIONER:
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`Donald Steinberg
`Yung-Hoon Ha
`Haixia Lin
`Christopher O'Brien
`Vera Shmidt
`WILMER CUTLER PICKERING HALE AND DORR LLP
`don.steinberg@wilmerhale.com
`sam.ha@wilmerhale.com
`haixia.lin@wilmerhale.com
`christopher.obrien@wilmerhale.com
`vera.shmidt@wilmerhale.com
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`
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`PATENT OWNER:
`
`Henry Petri
`James Murphy
`Margaux Savee
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`Tim Seeley
`Russell Rigby
`INTELLECTUAL VENTURES
`tims@intven.com
`rrigby@intven.com
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