Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 40
`Entered: July 18, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`AFTON CHEMICAL CORPORATION,
`Petitioner,
`v.
`INFINEUM INTERNATIONAL LIMITED,
`Patent Owner.
`
`
`Case IPR2017-01321
`Patent 8,076,274 B2
`
`
`Before JON B. TORNQUIST, JEFFREY W. ABRAHAM,
`and MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 40
`Entered: July 18, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`AFTON CHEMICAL CORPORATION,
`Petitioner,
`v.
`INFINEUM INTERNATIONAL LIMITED,
`Patent Owner.
`
`
`Case IPR2017-01321
`Patent 8,076,274 B2
`
`
`Before JON B. TORNQUIST, JEFFREY W. ABRAHAM,
`and MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2017-01321
`Patent 8,076,274 B2
`
`Petitioner and Patent Owner each request oral hearing pursuant to
`37 C.F.R. § 42.70(a). Paper 37; Paper 38. These requests are granted.
`
`The hearing will commence at 10:00 am Eastern Time, on Thursday,
`August 9, 2018, and will be conducted on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia, 22314. 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 of argument time. Petitioner, bearing
`the burden of proof, will argue first and may present arguments regarding
`the challenged claims on which we instituted trial, as well as arguments
`directed to Petitioner’s Motion to Exclude and Patent Owner’s Motion to
`Amend. Patent Owner will then have the opportunity to respond to
`Petitioner’s arguments and present arguments regarding its Motion to
`Amend and its Motion to Exclude. Next, Petitioner may use any time it has
`reserved for rebuttal1 to respond to Patent Owner’s arguments. Finally,
`Patent Owner may use any time it has reserved for rebuttal to respond to
`Petitioner’s arguments regarding Patent Owner’s Motion to Exclude, as well
`as Petitioner’s arguments, if any, addressing whether Patent Owner’s Motion
`to Amend satisfies the requirements of 35 U.S.C. § 316(d) and 37 C.F.R
`§ 42.121. No other arguments will be heard.
`
`The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing. The hearing transcript will
`be entered in the record of this proceeding.
`
`
`1 The parties may reserve no more than one-half of their argument time for
`rebuttal.
`
`2
`
`
`
`IPR2017-01321
`Patent 8,076,274 B2
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served at least (7) seven business days before the hearing. Demonstrative
`exhibits are not evidence, and may not be used to introduce new evidence or
`to raise new arguments. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) and CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, Case IPR2013-00033
`(PTAB Oct. 23, 2013) (Paper 118) for guidance regarding the appropriate
`content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if any objections
`cannot be resolved, the unresolved objections must be filed with the Board at
`least (2) two 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 and portions thereof 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 if the Board deems necessary.
`Otherwise, the Board will rule on the objections at the hearing.
`The parties shall provide the demonstrative exhibits to the Board by
`emailing them to Trials@uspto.gov at least (3) three business days before
`the hearing. Despite the requirement in § 42.70(b) for parties to file
`demonstratives, the parties shall not file any demonstrative exhibits in this
`case without prior authorization from the Board.
`
`3
`
`
`
`IPR2017-01321
`Patent 8,076,274 B2
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any demonstratives to the court reporter on the day
`of the oral argument. Such paper copies shall not become part of the record
`of this proceeding.
`At least one member of the panel may be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. In particular, documents presented on
`the Elmo projector are not visible to remote judges, so please plan
`accordingly. 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 and for
`the benefit of the judge(s) presiding over the hearing remotely. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the party shall advise the Board by email no later than five (5)
`business days prior to the oral hearing, and such lead counsel shall be
`available to discuss the matter via conference call if necessary.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made (5) five days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`
`In view of the foregoing, it is:
`
`4
`
`
`
`IPR2017-01321
`Patent 8,076,274 B2
`
`ORDERED that oral argument will commence at 10:00 AM ET on
`August 9, 2018.
`
`
`PETITIONER:
`
`Matias Ferrario
`mferrario@kilpatricktownsend.com
`
`Keith Fredlake
`kfredlake@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Elizabeth Gardner
`e1aptabdocket@orrick.com
`
`K. Patrick Herman
`p52ptabdocket@orrick.com
`
`
`
`5
`
`
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