`Trials@uspto.gov
`Entered: September 13, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SATCO PRODUCTS, INC.,
`Petitioner,
`v.
`LIGHTING SCIENCE GROUP CORP.,
`Patent Owner.
`
`Case IPR2017-01638 (Patent 8,201,968 B2)
`Case IPR2017-01639 (Patent 8,967,844 B2)
`
`
`Before KEVIN F. TURNER, PATRICK M. BOUCHER, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearings
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70(a)
`
`Petitioner and Patent Owner each request oral hearings pursuant to
`37 C.F.R. § 42.70(a). See IPR2017-01638, Papers 21, 22; IPR2017-01639,
`Papers 20, 21. The requests are granted.
`In accordance with the parties’ requests, each side will have
`30 minutes to present its arguments in each case. Petitioner bears the
`ultimate burden of proof that the challenged claims are unpatentable. See
`35 U.S.C. § 316(e). At each hearing, Petitioner will proceed first to present
`
`
`
`IPR2017-01638 (Patent 8,201,968 B2)
`IPR2017-01639 (Patent 8,967,844 B2)
`
`its case as to the challenged claims and may reserve rebuttal time. Patent
`Owner then will respond to Petitioner’s case and may reserve a brief sur-
`rebuttal time. After that, Petitioner may use the rest of its time to respond to
`Patent Owner’s presentation, and Patent Owner may use the rest of its time
`to respond to Petitioner’s rebuttal presentation.
`The hearings will begin at 1:00 pm ET on Wednesday,
`September 19, 2018, starting with IPR2017-01638 and then moving to
`IPR2017-01639. The hearings will be open to the public for in-person
`attendance on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. One or more judges of the panel may attend
`remotely. 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 transcript will constitute the official record of the hearings. If
`the parties have any concern about disclosing confidential information, they
`are to contact the Board at least three days before the hearings to discuss the
`matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least three business days prior to the hearings. The parties shall meet and
`confer regarding any objections to demonstrative exhibits, and the parties
`shall file demonstrative exhibits with the Board at least two business days
`prior to the hearings. If any issues regarding demonstratives remain
`unresolved after the parties meet and confer, the parties shall file jointly a
`one-page list of objections at least two business days prior to the hearings.
`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
`
`2
`
`
`
`IPR2017-01638 (Patent 8,201,968 B2)
`IPR2017-01639 (Patent 8,967,844 B2)
`
`explanation is permitted. We will consider the objections and schedule a
`conference call if necessary. Otherwise, we will reserve ruling on the
`objections until the hearings or after the hearings. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`waived. Each party also shall provide a hard copy of its demonstrative
`exhibits to the court reporter at the hearing.
`The parties are directed to St. Jude Medical, Cardiology Division,
`Inc. v. The Board of Regents of the University of Michigan, No. IPR2013-
`00041 (PTAB Jan. 27, 2014) (Paper 65), 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 transcript.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearings, though any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for any party will not be in
`attendance at the hearings, the Board should be notified via a joint
`conference call no later than two days prior to the hearings to discuss the
`matter.
`Requests for audio-visual equipment at the hearing are to be made two
`days in advance of the date of the hearings. 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 hearings.
`
`
`3
`
`
`
`IPR2017-01638 (Patent 8,201,968 B2)
`IPR2017-01639 (Patent 8,967,844 B2)
`
`PETITIONER:
`
`Timothy M. Nitsch
`Robert S. Rigg
`tnitsch@vedderprice.com
`rrigg@vedderprice.com
`VEDDER PRICE P.C.
`
`PATENT OWNER:
`
`Garret Leach
`Garret.leach@kirkland.com
`
`Eric Hayes
`Eric.hayes@kirkland.com
`
`Eugene Goryunov
`egoryunov@kirkland.com
`
`Kyle Kantarek
`Kyle.kantarek@kirkland.com
`
`
`
`
`
`4
`
`
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