`Entered: September 5, 2018
`
`Trials@uspto.gov
`571–272–7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SPTS TECHNOLOGIES LTD.,
`Petitioner,
`
`v.
`
`PLASMA-THERM LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01674
`Patent 8,802,545 B2
`____________
`
`Before WILLIAM V. SAINDON, ELIZABETH M. ROESEL, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`IPR2017-01674
`Patent 8,802,545 B2
`
`
`On January 11, 2018, we instituted an inter partes review proceeding
`as to claims 1, 2, 4, and 5 of U.S. Patent No. 8,802,545 B2. Paper 7. The
`Scheduling Order (Paper 8) for this proceeding provided that an oral hearing
`would be conducted if a hearing is requested by the parties and granted by
`the Board. Both parties request oral argument, pursuant to 37 C.F.R.
`§ 42.70(a). Papers 21, 23. The parties’ requests are granted.
`The hearing will commence at 10:00 AM Eastern Time on
`October 10, 2018, and 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. We will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Petitioner requests forty-five (45) minutes of oral argument time.
`Paper 21. Patent Owner also requests forty-five (45) minutes of oral
`argument time. Paper 23. We have reviewed the issues that the parties
`intend to address in this proceeding and, consistent with the parties’
`requests, we determine that each party will be accorded forty-five (45)
`minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. 35 U.S.C. § 316(e). Petitioner, therefore, will open
`the hearing by presenting its case regarding the challenged claims and Patent
`Owner’s proposed substitute claims. After Petitioner’s presentation, Patent
`Owner may respond to Petitioner’s argument. Petitioner may reserve time
`for rebuttal, out of its allotted time, to respond to argument presented by
`Patent Owner. Patent Owner may also reserve time for sur-rebuttal, out of
`
`
`
`2
`
`
`
`IPR2017-01674
`Patent 8,802,545 B2
`
`its allotted time, to respond to argument presented by Petitioner in its
`rebuttal.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must
`be served no later than seven (7) business days before the hearing date.
`They shall be filed with the Board no later than five (5) business days before
`the hearing date. Demonstrative exhibits are merely a visual aid for use
`at the hearing and not evidence, and should be clearly marked as such.
`For example, each slide may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits shall not introduce new arguments or evidence. The
`parties shall meet and confer to discuss any objections to demonstrative
`exhibits at least three (3) business days before the hearing. If any issues
`regarding demonstratives remain unresolved after the parties meet and
`confer, the parties shall file jointly a one-page list of objections to the
`demonstrative exhibits at least two (2) business days before the hearing. For
`each objection, the list must identify with particularity the demonstratives
`subject to the objection and include a short, one-sentence statement
`explaining the objection. We will consider the objections and schedule a
`conference call if necessary. For further guidance on what constitutes an
`appropriate demonstrative exhibit, the parties are directed to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct.
`23, 2013) (Paper 118).
`We take this opportunity to remind the parties 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.
`
`
`
`3
`
`
`
`IPR2017-01674
`Patent 8,802,545 B2
`
`
`Requests for special accommodations or audio-visual equipment
`are to be made at least five (5) business days in advance of the hearing
`date. Such requests must be sent to Trials@uspto.gov. If the requests are
`not received timely, requested accommodations and/or equipment may not
`be available on the day of the hearing.
`
`
`PETITIONER:
`
`Adam C. Volentine
`Josh Povsner
`Volentine, Whitt & Francos PLLC
`avolentine@volentine.com
`jpovsner@volentine.com
`
`
`PATENT OWNER:
`
`Harvey S. Kauget
`Ryan M. Corbett
`Burr & Forman LLP
`hkauget@burr.com
`rcorbett@burr.com
`
`
`
`4
`
`
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