`571-272-7822
`
`
`Paper 26
`
`Entered: January 8, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SMITH & NEPHEW, INC. and
`ARTHROCARE CORP.,
`Petitioners,
`
`v.
`
`ARTHREX, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00275
`Patent 9,179,907 B2
`____________
`
`
`Before WILLIAM V. SAINDON, BARRY L. GROSSMAN, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`IPR2017-00275
`Patent 9,179,907 B2
`
`
`Petitioners and Patent Owner request an oral hearing pursuant to 37
`C.F.R. § 42.70(a). Paper 23; Paper 24. The parties’ requests are granted.
`The hearing will commence at 1:00 p.m. (ET) on February 20, 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,
`and in-person attendance will be accommodated on a first-come, first-served
`basis. If the parties have any concern about disclosing confidential
`information, they are to contact the Board at least seven business days before
`the hearing to discuss the matter.
`Petitioners are allotted 45 minutes of argument time. Likewise, Patent
`Owner is allotted 45 minutes of argument time. Petitioners bear the ultimate
`burden of proof that the claims at issue in these reviews are unpatentable.
`Therefore, at the hearing, Petitioners will proceed first to present arguments
`with regard to the challenged claims and grounds on which basis we
`instituted trial in these proceedings. Petitioners may reserve argument time
`for use in rebuttal after Patent Owner has responded to Petitioners’ initial
`presentation. Thereafter, Patent Owner will argue its opposition to
`Petitioners’ case, having available to it the entirety of its allotted argument
`time. To the extent Petitioners reserve rebuttal time, Petitioners then may
`make use of that rebuttal time responding to Patent Owner.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties also shall file a
`copy of the demonstratives as an exhibit at least seven business days prior to
`the hearing. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan,
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance regarding
`
`
`
`2
`
`
`
`IPR2017-00275
`Patent 9,179,907 B2
`
`the appropriate content of demonstrative exhibits. The parties shall meet
`and confer to discuss any objections to demonstrative exhibits. If any issues
`regarding demonstratives remain unresolved after the parties meet and
`confer, the parties shall file jointly a one-page list of objections to the
`demonstrative exhibits at least three business days before the hearing. For
`each objection, the list must identify with particularity the demonstratives
`subject to the objection and include a short, one-sentence statement
`explaining the objection. We will consider the objections and schedule a
`conference call if necessary. Otherwise, we will reserve ruling on the
`objections. Any objection to demonstrative exhibits not presented timely
`will be considered waived.
`One or more members of the panel hearing this case will attend the
`hearing remotely via a videoconferencing device and, therefore, will not be
`able to view the projection screen in the hearing room. Consequently, the
`parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) or page of the
`record referenced during the hearing.
`We will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing. Each party shall
`provide a hard copy of their demonstratives to the court reporter at the
`hearing. Requests for audio-visual equipment must be presented in a
`separate communication directed to Trials@uspto.gov not less than five days
`before the hearing.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00275
`Patent 9,179,907 B2
`
`
`PETITIONERS:
`Michael N. Rader
`Jason M. Honeyman
`Richard F. Giunta
`Randy J. Pritzker
`WOLF, GREENFIELD & SACKS, P.C.
`MRader-PTAB@wolfgreenfield.com
`jhoneyman-ptab@wolfgreenfield.com
`rgiunta-ptab@wolfgreenfield.com
`rpritzker-ptab@wolfgreenfield.com
`
`PATENT OWNER:
`Anthony P. Cho
`Timothy J. Murphy
`CARLSON, GASKEY & OLDS, P.C.
`acho@cgolaw.com
`tmurphy@cgolaw.com
`
`
`
`
`4
`
`
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