Trials@uspto.gov
`571-272-7822
`
`Paper 34
`Entered: October 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELITE PERFORMANCE FOOTWEAR, LLC,
`Petitioner,
`
`v.
`
`REEBOK INTERNATIONAL LIMITED,
`Patent Owner.
`____________
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`____________
`
`Before MEREDITH C. PETRAVICK, KEVIN W. CHERRY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`Paper 34
`Entered: October 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELITE PERFORMANCE FOOTWEAR, LLC,
`Petitioner,
`
`v.
`
`REEBOK INTERNATIONAL LIMITED,
`Patent Owner.
`____________
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`____________
`
`Before MEREDITH C. PETRAVICK, KEVIN W. CHERRY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`
`
`Petitioner and Patent Owner request an oral hearing pursuant to 37
`
`C.F.R. § 42.70(a) in each of the proceedings captioned above. Papers 301,
`
`31. The requests are granted.
`
`As requested by both parties, we consolidate the oral arguments for
`
`these proceedings because of the overlap of issues. Paper 30, 1; Paper 31, 1.
`
`The hearing will commence at 9:00 a.m. (ET) on October 25, 2018, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The hearing will be open to the public for in-person attendance,
`
`and in-person attendance will be accommodated on a first-come, first-served
`
`basis. If the parties have any concern about disclosing confidential
`
`information, they are to contact the Board at least three business days before
`
`the hearing to discuss the matter.
`
`Both parties request 90 minutes to present its arguments. Paper 30, 1;
`
`Paper 31, 1. As requested, the parties will each have 90 minutes to present
`
`its argument for all proceedings.
`
`Petitioner will open the hearing by presenting its arguments regarding
`
`the challenged original claims. Thereafter, Patent Owner will argue its
`
`opposition to Petitioner’s arguments. In addition, Patent Owner may present
`
`arguments concerning its Motions to Amend and proposed substitute claims.
`
`Petitioner may reserve time to rebut Patent Owner’s arguments regarding the
`
`challenged original claims and to oppose any arguments concerning the
`
`proposed substitute claims and Motions to Amend. Patent Owner may
`
`reserve time to rebut Petitioner’s opposition to any arguments concerning
`
`
`1 IPR2017-01676 is representative and all citations are to IPR2017-01676
`unless otherwise noted.
`
`2
`
`
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`
`the proposed substitute claims and Motions to Amend. During the hearing,
`
`the parties “may only present arguments relied upon in the papers previously
`
`submitted.” Trial Practice Guide August 2018 Update2, 23.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days before the hearing. Given the nearness of the oral
`
`argument, the parties may agree to service no later than five business days
`
`before the hearing. The parties also shall file a copy of the demonstratives
`
`as an exhibit at least three business days prior to the hearing. The parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`
`2014) (Paper 65), for guidance regarding the appropriate content of
`
`demonstrative exhibits. The parties shall meet and confer to discuss any
`
`objections to demonstrative exhibits. 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
`
`three 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. The panel
`
`will consider the objections and schedule a conference call if necessary.
`
`Otherwise, the panel will reserve ruling on the objections. Any objection to
`
`demonstrative exhibits not presented timely will be considered waived.
`
`
`2 See Trial Practice Guide August 2018 Update, available at
`www.uspto.gov/sites/default/files/documents/2018_Revised_Trial_Practice_
`Guide.pdf (providing that the “Board may also permit patent owners the
`opportunity to present a brief sur-rebuttal if requested”).
`
`3
`
`
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. Each
`
`party shall provide a hard copy of their demonstratives to the court reporter
`
`at the hearing. Requests for audio-visual equipment must be presented in a
`
`separate communication directed to Trials@uspto.gov not less than five
`
`business days before the hearing.
`
`
`
`
`
`FOR PETITIONER:
`
`Richard LaCava
`Michael Scarpati
`ARENT FOX, LLP
`richard.lacava@arentfox.com
`michael.scarpati@arentfox.com
`
`
`FOR PATENT OWNER:
`
`Mitchell G. Stockwell
`Matias Ferrario
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`mferrario@kilpatricktownsend.com
`
`
`
`
`
`4
`
`
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