`571-272-7822
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`
`
`Paper 46
`Entered: June 21, 2018
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`____________
`
`HUTCHINSON TECHNOLOGY INC.,
`HUTCHINSON TECHNOLOGY OPERATIONS (Thailand) CO., LTD.,
`Petitioner,
`
`v.
`
`NITTO DENKO CORP,
`Patent Owner.
`___________
`
`Case IPR2017-01421
`Patent 8,895,870
`
`_____________
`
`
`Before THOMAS L. GIANNETTI, CHRISTA P. ZADO, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2017-01421
`Patent 8,895,870
`
`
`The Scheduling Order for this case sets the date for oral hearing as
`July 17, 2018, if a hearing is requested by the parties and granted by the
`Board. The parties have each requested oral hearing pursuant to 37 C.F.R.
`§ 42.70.
`In view of the foregoing, it is hereby
`ORDERED that the requests for oral hearing in this case are granted;
`FURTHER ORDERED that each party will have a total of 60 minutes
`to present argument for this case;
`FURTHER ORDERED that Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board
`instituted trial and any claims proposed in Patent Owner’s motion to amend.
`Petitioner may also reserve reasonable rebuttal time. After Petitioner’s
`presentation, Patent Owner will respond to Petitioner’s arguments.
`Petitioner may use the rest of its time for rebuttal.
`FURTHER ORDERED that the hearing will commence at 2 PM ET
`on July 17, 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.
`FURTHER ORDERED that demonstrative exhibits must be served by
`Friday, July 6, 2018. The parties also shall also provide a courtesy copy of
`any demonstrative exhibits to the Board by emailing them to
`Trials@uspto.gov. by Wednesday, July 11, 2018.
`FURTHER ORDERED that despite the requirement in 37 C.F.R.
`§ 42.70(b) to file demonstratives, the parties shall not file any demonstrative
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`2
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`IPR2017-01421
`Patent 8,895,870
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`exhibits in this proceeding without prior authorization from the Board. 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.
`FURTHER ORDERED that the parties must file any objections to the
`demonstratives with the Board by July 13, 2018. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives 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 call to address them, if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections until after the oral argument.
`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, 2014) (Paper 65), for guidance regarding the appropriate content
`of demonstrative exhibits.
`FURTHER ORDERED that the Board expects lead counsel for each
`party to be present in person at the oral hearing. Any counsel of record,
`however, may present the party’s argument. The parties may divide
`argument among counsel as they wish.
`FURTHER ORDERED that if any party expects 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.
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`3
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`IPR2017-01421
`Patent 8,895,870
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`FURTHER ORDERED that any special requests for audio visual
`equipment should be directed to Trials@uspto.gov. Requests for special
`equipment will not be honored unless presented in a separate communication
`not less than five days before the hearing directed to the above email
`address.
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`PETITIONER:
`
`Jennifer Hayes
`Daniel J. Burnham
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`dburnham@nixonpeabody.com
`
`
`PATENT OWNER:
`
`Alex V. Chachkes
`Donald Daybell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`a34ptabdocket@orrick.com
`d2dptabdocket@orrick.com
`
`
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`4
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