Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 28
`Entered: October 2, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNITED INDUSTRIES CORPORATION,
`Petitioner,
`
`v.
`
`SUSAN McKNIGHT, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01686 (Patent 9,253,973 B2)
`Case IPR2017-01687 (Patent 9,066,511 B2)
`____________
`
`
`Before JAMES A. TARTAL, TIMOTHY J. GOODSON, and
`RICHARD H. MARSCHALL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`
`
` ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 28
`Entered: October 2, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNITED INDUSTRIES CORPORATION,
`Petitioner,
`
`v.
`
`SUSAN McKNIGHT, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01686 (Patent 9,253,973 B2)
`Case IPR2017-01687 (Patent 9,066,511 B2)
`____________
`
`
`Before JAMES A. TARTAL, TIMOTHY J. GOODSON, and
`RICHARD H. MARSCHALL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
`
`
`
` ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2017-01686 (Patent 8,685,048 B2)
`IPR2017-01687 (Patent 8,709,027 B2)
`
`
`United Industries Corporation (“Petitioner”) and Susan McKnight,
`
`Inc. (“Patent Owner”) request oral argument in cases IPR2017-01686 and
`
`IPR2017-01687 pursuant to 37 C.F.R. § 42.70. Papers 26 and 27, IPR2017-
`
`01686; Papers 23 and 24, IPR2017-01687. The requests for oral argument
`
`are granted as provided below.
`
`Cases IPR2017-01686 and IPR2017-01687 have not been
`
`consolidated or joined, but entail overlapping issues such that oral argument
`
`will be provided in a single hearing on October 18, 2018, beginning at
`
`1:00 PM Eastern Time on the ninth floor of the Madison Building East, 600
`
`Dulany Street, Alexandria, VA.1 Each party will have a total of 60 minutes
`
`of argument time. The parties may allocate their argument time at their
`
`discretion over each of the two cases, not to exceed 60 minutes in total for
`
`each party. First, Petitioner will present arguments in cases IPR2017-01686
`
`concerning U.S. Patent No. 8,685,048 B2 and IPR2017-01687 concerning
`
`U.S. Patent No. 9,066,511 B2, including arguments directed to Patent
`
`Owner’s Motion to Amend in IPR2017-01686. Patent Owner then will have
`
`the opportunity to respond to Petitioner’s arguments and to present
`
`arguments in support of its Motion to Amend in IPR2017-01686. Next,
`
`Petitioner may use any time it has reserved for rebuttal to respond to Patent
`
`Owner’s arguments. Then, Patent Owner may present a brief sur-rebuttal if
`
`
`
`1 Petitioner and Patent Owner have each agreed to a combined hearing for
`the two cases with Petitioner requesting 45 minutes and Patent Owner
`requesting 60 minutes. Paper 26, 2–3, and Paper 27, 2, IPR2017-01686;
`Paper 23, 2–3, and Paper 24, 2, IPR2017-01687.
`2
`
`
`
`IPR2017-01686 (Patent 8,685,048 B2)
`IPR2017-01687 (Patent 8,709,027 B2)
`
`
`it has reserved time.2 We remind the parties that rebuttal and sur-rebuttal
`
`time should only be used to respond to arguments the opposing party made
`
`during its directly preceding presentation.
`
`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. If the parties have any
`
`concern about disclosing confidential information, they are requested to
`
`contact the Board at least seven days in advance of the hearing to discuss the
`
`matter. Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`at least seven business days before the hearing date and filed no later than
`
`the time of the oral argument. The parties also shall provide a courtesy copy
`
`of any demonstrative exhibits to the Board at least five business days prior to
`
`the hearing by emailing them to Trials@uspto.gov.
`
`The parties must file any objections to the demonstrative exhibits with
`
`the Board at least two business days before the hearing. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. The objections should identify with particularity which
`
`demonstrative exhibits 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
`
`
`
`2 We provide a sequence for the two cases, however, we will entertain a joint
`request of the parties to alter the order in which the two cases are argued if
`requested by the parties at the outset of the oral argument.
`3
`
`
`
`IPR2017-01686 (Patent 8,685,048 B2)
`IPR2017-01687 (Patent 8,709,027 B2)
`
`
`schedule a conference 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. Board of Regents
`
`of the University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2015)
`
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`
`exhibits. The parties are reminded that the demonstrative exhibits presented
`
`in this case are not evidence and are intended only to assist the parties in
`
`presenting their oral argument to the panel.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, any counsel of record may present the party’s
`
`argument. If either 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. 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.
`
`
`
`
`
`4
`
`
`
`IPR2017-01686 (Patent 8,685,048 B2)
`IPR2017-01687 (Patent 8,709,027 B2)
`
`
`PETITIONER:
`
`Michael R. Houston
`mhouston@foley.com
`
`Naikang Tsao
`ntsao@foley.com
`
`Jeffrey R. Lomprey
`jlomprey@foley.com
`
`PATENT OWNER:
`
`John Linderman
`lind@ip-lawyers.com
`
`Justin Durelli
`durelli@ip-lawyers.com
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
