`571-272-7822
`
`Paper No. 28
`Entered: June 12, 2018
`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MARKER VOLKL USA, INC.,
`Petitioner,
`v.
`KNEEBINDING, INC.,
`Patent Owner
`
`
`Case IPR2017-01265
`Patent 8,955,867
`____________
`
`
`Before MICHAEL W. KIM, PATRICK R. SCANLON, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`MEYERS, Administrative Patent Judge
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-01265
`Patent 8,955,867 B2
`
`
`Petitioner and Patent Owner each request oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 24, 25. Upon consideration, the requests for oral
`hearing are granted.
`The hearing shall commence at 2:00 PM Eastern Time on Monday, June
`25, 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 for the hearing and the reporter’s transcript will
`constitute the official record of the hearing.
`Each party will have sixty (60) minutes of total time to present arguments.
`Petitioner will proceed first to present its case with regard to the challenged claims
`on which the Board instituted trial. Thereafter, Patent Owner may respond to
`Petitioner’s case. Thereafter, Petitioner may use any of its remaining time for
`rebuttal regarding the challenged claims.
`At least seven (7) business days prior to the hearing, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during the hearing.
`See 37 C.F.R. § 42.70(b). At least two (2) business days prior to the hearing, the
`parties shall file the demonstrative exhibits with the Board. See id. The parties
`should attempt to work out any objections to demonstratives prior to involving the
`Board. The parties must initiate a conference call with the Board at least three (3)
`business days before the hearing to present any objection regarding the propriety of
`any demonstrative exhibit. Any objection to demonstrative exhibits that is not
`timely presented will be considered waived. The Board asks the parties to confine
`demonstrative exhibit objections to those identifying egregious violations that are
`prejudicial to the administration of justice. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University of
`
`2
`
`
`
`IPR2017-01265
`Patent 8,955,867 B2
`
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance
`regarding the appropriate content of demonstrative exhibits.
`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.
`The parties also should note that at least one member of the panel may be attending
`the hearing electronically from a remote location, and that if a demonstrative is not
`filed or otherwise made fully available or visible to all judges at the hearing, that
`demonstrative will not be considered. 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 parties also are reminded that, at the hearing, they may only rely upon
`evidence that has been previously submitted in the proceeding, and is of record at
`the time of the hearing, and may only present arguments that have been previously
`made in the submitted substantive papers, which are generally limited to the
`petition, patent owner response, petitioner’s reply, motions to exclude,
`observations, and sur-replies that are of record at the time of the hearing. The
`parties may also refer to anything in the Decision on Institution.
`The Board expects lead counsel for each party to be present in person at the
`hearing. If a 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. Any
`counsel of record, however, may present the party’s arguments.
`Requests for audio-visual equipment are to be made at least five business
`days in advance of the date of the hearing by sending the request to
`
`3
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`
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`IPR2017-01265
`Patent 8,955,867 B2
`
`Trials@uspto.gov. If the request is not received timely, the equipment may not be
`available on the day of the hearing.
`
`
`
`PETITIONER:
`
`Patrick D. McPherson
`Carolyn A. Alenci
`DUANE MORRIS LLP
`pdmcpherson@duanemorris.com
`caalenci@duanemorris.com
`
`PATENT OWNER:
`
`Donald R. Steinberg
`Arthur C. H. Shum
`WILMER CUTLER PICKERING HALE AND DORR LLP
`don.steinberg@wilmerhale.com
`arthur.shum@wilmerhale.com
`
`
`
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`
`4
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`
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