Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 60
`Entered: July 31, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASPHALT PRODUCTS UNLIMITED, INC.,
`Petitioner,
`
`v.
`
`BLACKLIDGE EMULSIONS, INC.,
`Patent Owner.
`
`Cases IPR2017-01241 and -01242
`Patents 7,503,724 B2 and 7,918,624 B2
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY and TIMOTHY J. GOODSON,
`Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`Inter partes reviews IPR2017-01241 and -01242 were instituted on
`
`October 24, 2017. IPR2017-01241, Paper 23; IPR2017-01242, Paper 23. A
`
`Scheduling Order was issued on the same day, which set the date for oral
`
`hearing to August 8, 2018, if hearing were requested by the parties and
`
`granted by the Board. IPR2017-01241, Paper 24; IPR2017-01242, Paper 24.
`
`Both parties have requested oral hearing pursuant to 37 C.F.R. § 42.70.
`
`
`Tel: 571-272-7822
`
`Paper 60
`Entered: July 31, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASPHALT PRODUCTS UNLIMITED, INC.,
`Petitioner,
`
`v.
`
`BLACKLIDGE EMULSIONS, INC.,
`Patent Owner.
`
`Cases IPR2017-01241 and -01242
`Patents 7,503,724 B2 and 7,918,624 B2
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY and TIMOTHY J. GOODSON,
`Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`Inter partes reviews IPR2017-01241 and -01242 were instituted on
`
`October 24, 2017. IPR2017-01241, Paper 23; IPR2017-01242, Paper 23. A
`
`Scheduling Order was issued on the same day, which set the date for oral
`
`hearing to August 8, 2018, if hearing were requested by the parties and
`
`granted by the Board. IPR2017-01241, Paper 24; IPR2017-01242, Paper 24.
`
`Both parties have requested oral hearing pursuant to 37 C.F.R. § 42.70.
`
`
`
`IPR2017-01241 and -01242
`Patent 7,503,724 B2 and 7,918,624 B2
`
`IPR2017-01241, Papers 58, 59; IPR2017-01242, Papers 60, 61. Petitioner’s
`
`and Patent Owner’s requests for oral hearing are granted. Although these
`
`cases are not consolidated, the hearing for the cases will be held together and
`
`a single transcript will be provided for both cases.
`
`The hearing will commence at 1:00 p.m. EDT, on August 8, 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.
`
`Each party will have one hour to present arguments. Petitioner bears
`
`the ultimate burden of proof that Patent Owner’s claims at issue in these
`
`proceedings are unpatentable. Patent Owner has filed a motion to amend.
`
`IPR2017-01241, Paper 33; IPR2017-01242, Paper 33. Petitioner will open
`
`the hearing by presenting its case regarding the patentability of any claim at
`
`issue in the proceedings including original claims and any claims proposed
`
`in Patent Owner’s Motion to Amend. Patent Owner will then respond to
`
`Petitioner’s argument and also argue in support of its motion to amend
`
`claims. Petitioner may reserve time to respond to arguments presented by
`
`Patent Owner.
`
`Demonstrative exhibits in this proceeding are not evidence and are
`
`intended only to assist the parties in presenting their oral argument to the
`
`panel. Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served
`
`on opposing counsel at least seven (7) business days before the oral hearing,
`
`and filed as an exhibit no later than the time of the oral hearing. The parties
`
`also shall provide a courtesy copy of any demonstrative exhibits to the
`
`2
`
`
`
`IPR2017-01241 and -01242
`Patent 7,503,724 B2 and 7,918,624 B2
`
`Board at least three (3) business days prior to the oral hearing by emailing
`
`the exhibits to Trials@uspto.gov. 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, 2015) (Paper 65), for
`
`guidance regarding the appropriate content of demonstrative exhibits, which
`
`must include citations to the record.
`
`If either party objects to demonstrative exhibits, the parties shall meet
`
`and confer in good faith to resolve any such objections. A party may file a
`
`paper addressing any unresolved objections to demonstrative exhibits with
`
`the Board no later than three (3) business days before the oral hearing. The
`
`paper shall include a single sentence per objection stating the basis for that
`
`objection and be accompanied by a copy of the allegedly objectionable
`
`demonstrative exhibit that identifies the objectionable portion of the exhibit
`
`with particularity. No further argument or explanation is permitted. We will
`
`consider the objections and, if we deem it necessary, we will further address
`
`the objections in a conference call or at the oral hearing. Otherwise, we will
`
`reserve ruling on the objections until after the oral hearing.
`
`Requests for audio-visual equipment are to be made no later than
`
`five (5) days in advance of the hearing date via email to Trials@uspto.gov.
`
`If the request is not received timely, the equipment may not be available on
`
`the day of the hearing.
`
`We expect lead counsel for each party to be present in person at the
`
`oral hearing. However, lead or backup counsel 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
`
`3
`
`
`
`IPR2017-01241 and -01242
`Patent 7,503,724 B2 and 7,918,624 B2
`
`conference with the panel no later than two (2) business days prior to the
`
`oral hearing to discuss the matter.
`
`4
`
`
`
`IPR2017-01241 and -01242
`Patent 7,503,724 B2 and 7,918,624 B2
`
`PETITIONER:
`
`Robert Waddell
`Michael K. Leachman
`JONES WALKER LLP
`rwaddell@joneswalker.com
`mleachman@joneswalker.com
`
`PATENT OWNER:
`
`John F. Triggs
`Ryan D. Levy
`Seth R. Odgen
`William E. Seyki
`PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
`jft@iplawgroup.com
`rdl@iplawgroup.com
`sro@iplawgroup.com
`wes@iplawgroup.com
`
`
`
`5
`
`
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