Paper 51
`Date: August 21, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FOX FACTORY, INC.,
`Petitioner,
`
`v.
`
`SRAM, LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01440
`Patent 9,291,250 C1
`_______________
`
`Before MICHAEL W. KIM, FRANCES L. IPPOLITO and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`TRIAL HEARING
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`Date: August 21, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FOX FACTORY, INC.,
`Petitioner,
`
`v.
`
`SRAM, LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01440
`Patent 9,291,250 C1
`_______________
`
`Before MICHAEL W. KIM, FRANCES L. IPPOLITO and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`TRIAL HEARING
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`IPR2017-01440
`Patent 9,291,250 C1
`
`
`Petitioner and Patent Owner each requested a hearing in this proceeding
`pursuant to 37 C.F.R. § 42.70(a). Papers 44, 48. The requests are granted.
`This proceeding will be heard in the afternoon of September 11, 2018,
`beginning at 1:00 p.m. Each party will have 60 minutes of total argument time.
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent claims at
`issue are unpatentable. Also, Petitioner and Patent Owner have each filed a
`Motion to Exclude Evidence. Therefore, at oral hearing, Petitioner will proceed
`first to present its case with respect to the challenged claims and grounds with
`respect to which the Board instituted trial, and any arguments in support of its
`Motion to Exclude. Petitioner may reserve rebuttal time. Thereafter, Patent
`Owner will respond to Petitioner’s presentation and argue its Motion to Exclude.
`Patent Owner may also reserve rebuttal time. Petitioner may use any of its
`remaining time for rebuttal regarding the challenged claims, and for opposing
`Patent Owner’s Motion to Exclude. Patent Owner may then use any of its
`remaining time for rebuttal regarding its Motion to Exclude. There is no motion to
`amend to be addressed at the hearing.
`New arguments not previously presented in the parties’ substantive papers in
`this proceeding should not be raised at oral hearing.
`The hearing will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
`person attendance will be accommodated on a first-come, first-served basis. The
`Board will provide a court reporter for the hearings, and the reporter’s transcripts
`will constitute the official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days prior to the hearing. The parties shall confer with each other
`regarding any objections to demonstrative exhibits, and file the demonstrative
`2
`
`
`
`
`
`
`
`IPR2017-01440
`Patent 9,291,250 C1
`
`exhibits with the Board at least two business days prior to the hearing. For any
`issue that cannot be resolved after conferring with the opposing party, the parties
`may file jointly a one-page list of objections at least two business days prior to the
`hearing. The list should identify with particularity which demonstrative exhibits
`are subject to objection and include a short statement (no more than one sentence)
`of the reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until after the hearing. Any
`objection to demonstrative exhibits that is not presented timely will be considered
`waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. The parties are
`reminded that the presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`hearings to ensure the clarity and accuracy of the reporter’s transcripts. The parties
`also should note that at least one member of the panel will be attending the oral
`hearing electronically from a remote location. Paper copies of the demonstrative
`exhibits may be submitted to the panel at hearing time, but are not required.
`Because of limitations of the audio transmission systems in the hearing room, the
`presenter may speak only when standing at the hearing room lectern. If the parties
`have questions as to whether demonstrative exhibits would be sufficiently visible
`to all of the judges, the parties are invited to contact the Board at (571) 272-9797.
`The Board expects lead counsel for Petitioners and Patent Owner to be
`present at the hearing, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for a party will not be in
`3
`
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`
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`
`IPR2017-01440
`Patent 9,291,250 C1
`
`attendance at the hearing, the Board should be notified via a joint conference call
`no later than two days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment at the hearing are to be made five days
`in advance of the hearing date. The requests must be sent to Trials@uspto.gov. If
`the requests are not received timely, equipment may not be available on the day of
`the hearing.
`
`
`4
`
`
`
`
`
`
`
`IPR2017-01440
`Patent 9,291,250 C1
`
`
`For Petitioner:
`Joshua Goldberg
`Joshau.goldberg@finnegan.com
`Arpita Bhattacharyya
`Arpita.chattacharyya@finnegan.com
`Daniel Klodowski
`Daniel.klodowski@finnegan.com
`
`
`For Patent Owner:
`Michael Hickey
`mhickey@lewisrice.com
`Kirk Damman
`kdamman@lewisrice.com
`Benjamin Siders
`bsiders@lewisrice.com
`
`5
`
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`
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