`
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`
`
`
`
`
`
` Paper 24
`
`
`
` Entered: May 17, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ONE WORLD TECHNOLOGIES, INC.
`d/b/a TECHTRONIC INDUSTRIES POWER EQUIPMENT,
`Petitioner,
`v.
`THE CHAMBERLAIN GROUP, INC.,
`Patent Owner.
`____________
`
`Cases IPR2017-01132 and IPR2017-01137
`Patent 6,998,977 B21
`____________
`
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and
`JON M. JURGOVAN, Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`IPR2017-01132 and IPR2017-01137
`Patent 6,998,977 B2
`
`
`In each of the above-identified proceedings, we instituted inter partes
`review (Paper 72) and issued a Scheduling Order (Paper 8), which sets an
`oral hearing date to June 14, 2018, if oral hearing is requested by either party
`and granted by the Board. Pursuant to 37 C.F.R. § 42.70, the parties
`requested an oral hearing in each case. Papers 19, 20. The requests are
`granted.
`The hearing for both cases will commence at 1:00 PM Eastern Time,
`on June 14, 2018, and will be conducted at the USPTO Headquarters,
`Ninth Floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, 22314.3 The hearing will be open to the public for in-person
`attendance that will be accommodated on a first-come first-served basis.
`The parties shall address both proceedings together at the hearing.
`Each party will have sixty (60) minutes of total time to present arguments
`for both proceedings. Because Petitioner bears the ultimate burden of proof
`that the challenged claims are unpatentable, Petitioner will proceed first to
`present its case as to the challenged claims and instituted grounds of
`unpatentability in both proceedings, and may reserve a small portion of its
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
`After that, Petitioner may use the rest of its time for its rebuttal, responding
`to Patent Owner’s specific arguments presented at the oral hearing. No live
`testimony from any witness will be taken at the oral hearing.
`
`
`2 Citations refer to IPR2017-01132, as representative.
`3 See https://www.uspto.gov/about-us/uspto-locations/alexandria-virginia-
`headquarters for additional information.
`2
`
`
`
`IPR2017-01132 and IPR2017-01137
`Patent 6,998,977 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties shall confer with
`each other regarding any objections to demonstrative exhibits, and file
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`with 37 C.F.R. § 42.63, at least five business days prior to the hearing.
`Demonstrative exhibits are not evidence, but merely a visual aid at the
`oral hearing. The Board expects the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. For any issue that
`cannot be resolved after conferring with the opposing party, the parties may
`email jointly to Trials@uspto.gov a one-page list of objections at least five
`business days prior to the hearing. The list should identify with particularity
`which demonstrative exhibits are subject to objection and include a short
`statement (no more than one short sentence) of the reason for each objection.
`No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call, if
`necessary. Otherwise, we will reserve ruling on the objections until the
`hearing or after the hearing. Any objection to demonstrative exhibits that is
`not presented timely will be considered waived. Each party also shall
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that Judge Jon Jurgovan
`will be attending electronically and will only have access to the courtesy
`3
`
`
`
`IPR2017-01132 and IPR2017-01137
`Patent 6,998,977 B2
`
`copy of the demonstratives provided in advance, as referenced above. If a
`demonstrative is not made available to the Board in the manner indicated
`above, that demonstrative may not be available to each of the judges during
`the hearing and may not be considered. Further, images projected, using
`audio visual equipment in Alexandria, will not be visible to Judge Jurgovan.
`Because of limitations on the audio transmission systems in our hearing
`rooms, the presenter may speak only when standing at the hearing room
`podium. If the parties have questions as to whether demonstrative exhibits
`would be sufficiently visible and available to all of the judges, the parties are
`invited to contact the Board at (571) 272-9797.
`
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party is unable to attend the oral
`hearing, the Board should be notified via a joint telephone conference call no
`later than five business days prior to the oral hearing to discuss the matter.
`The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing. The consolidated hearing
`transcript will be entered in the record of the proceedings.
`Requests for audio-visual equipment at the hearing are to be made five days
`in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearing.
`
`
`
`4
`
`
`
`IPR2017-01132 and IPR2017-01137
`Patent 6,998,977 B2
`
`
`
`For PETITIONER:
`Dion Bregman
`Jason White
`Michael Lyons
`MORGAN, LEWIS & BOKIUS LLP
`dion.bregman@morganlewis.com
`jason.white@morganlewis.com
`michael.lyons@morganlewis.com
`
`
`
`For PATENT OWNER:
`W. Karl Renner
`Joshua A. Griswold
`Jeremy J. Monaldo
`Dan Smith
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`griswold@fr.com
`jjm@fr.com
`dsmith@fr.com
`
`
`5
`
`
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