`Tel: 571-272-7822
`
`Paper 27
`Entered: July 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BMW OF NORTH AMERICA, LLC AND BAYERISCHE MOTOREN
`WERKE AKTIENGESELLSCHAFT,
`Petitioner,
`v.
`THEODORE & ASSOCIATES, LLC,
`Patent Owner.
`
`Cases IPR2017-01379 and IPR2017-013801
`Patent 9,045,163 B2
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, FRANCES L. IPPOLITO, and
`SEAN P. O’HANLON, Administrative Patent Judges.
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`Inter partes reviews IPR2017-01379 and IPR2017-01380 were
`instituted on November 21, 2017. Paper 9, IPR2017-01379; Paper 8,
`IPR2017-01380. Scheduling Orders were issued on the same day, which set
`
`
`1 This caption refers to two related cases, and the parties are not authorized
`to use this caption to file papers in either of the referenced proceedings.
`
`
`
`IPR2017-01379 and IPR2017-01380
`Patent 9,045,163 B2
`the date for oral hearing to August 15, 2018, if hearing were requested by
`the parties and granted by the Board. Paper 10, IPR2017-01379; Paper 9,
`IPR2017-01380. Both parties have requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 25, 26, IPR2017-01379; Papers 24, 25, IPR2017-
`01380. Petitioner’s and Patent Owner’s requests for oral hearing are
`granted.
`The hearing will commence at 1:00 p.m., on August 15, 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 this
`review are unpatentable. Petitioner will open the hearing by presenting its
`case regarding the patentability of any claim at issue in the proceedings.
`Patent Owner will then respond to Petitioner’s argument. 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
`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
`
`2
`
`
`
`IPR2017-01379 and IPR2017-01380
`Patent 9,045,163 B2
`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
`conference with the panel no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`
`3
`
`
`
`IPR2017-01379 and IPR2017-01380
`Patent 9,045,163 B2
`PETITIONER:
`Jeffrey D. Sanok
`Jonathan Lindsay
`CROWELL & MORING LLP
`jsanok@crowell.com
`jlindsay@crowell.com
`
`PATENT OWNER:
`Thomas E. Bejin
`George T. Schooff
`BEJIN BIENEMAN PLC
`bejin@b2iplaw.com
`schooff@b2iplaw.com
`
`4
`
`
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