Trials@uspto.gov
`571-272-7822
`
`Paper: 39
`Entered: October 12, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CASCADES CANADA ULC and
`TARZANA ENTERPRISES, LLC,
`Petitioner,
`
`v.
`
`ESSITY HYGIENE AND HEALTH AB,
`Patent Owner.
`____________
`
`Case IPR2017-01902 (Patent 8,597,761 B2)
` Case IPR2017-01921 (Patent 9,320,372 B2)1
`____________
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Hearing Order applies to both cases. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`571-272-7822
`
`Paper: 39
`Entered: October 12, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CASCADES CANADA ULC and
`TARZANA ENTERPRISES, LLC,
`Petitioner,
`
`v.
`
`ESSITY HYGIENE AND HEALTH AB,
`Patent Owner.
`____________
`
`Case IPR2017-01902 (Patent 8,597,761 B2)
` Case IPR2017-01921 (Patent 9,320,372 B2)1
`____________
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Hearing Order applies to both cases. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`
`IPR2017-01902 (Patent 8,597,761 B2)
`IPR2017-01921 (Patent 9,320,372 B2)
`
`
`Petitioner and Patent Owner request an oral hearing pursuant to 37 C.F.R.
`§ 42.70 in each of the above-listed proceedings. IPR2017-01902, Papers 34, 35;
`IPR2017-01921, Papers 33, 34. The requests are granted.
`There is substantial overlap in the issues raised in these cases, and we
`exercise our discretion to conduct a consolidated oral hearing. Each party will
`have 60 minutes of total argument time to present its arguments as to both
`proceedings, with each party allotting their time among the proceedings as they
`wish. Petitioner bears the ultimate burden of proof that the patent claims at issue
`in this review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting arguments regarding the pending grounds of unpatentability. Patent
`Owner will then have the opportunity to respond to Petitioner’s arguments.
`Petitioner may reserve rebuttal time not to exceed half the total time allotted.
`Petitioner is cautioned that rebuttal time may only be used to respond to arguments
`made during Patent Owner’s argument.
`The hearing will commence at 1:00 pm EST on November 8, 2018, and will
`be open to the public for in-person attendance on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, VA. In-person attendance will be
`accommodated on a first-come, first-served basis. The Board will provide a court
`reporter, and the transcript shall constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be served
`seven business days before the hearing. Notwithstanding § 42.70, however, the
`parties shall file the demonstrative exhibits no later than three business days before
`the hearing to allow the panel sufficient time to review the materials.
`The Board reminds the parties that demonstrative exhibits are intended to
`assist the parties in presenting their oral arguments and are not evidence, and
`should be clearly marked as such. For example, each slide of a demonstrative
`
`
`
`2
`
`
`
`IPR2017-01902 (Patent 8,597,761 B2)
`IPR2017-01921 (Patent 9,320,372 B2)
`
`exhibit may be marked with the words “DEMONSTRATIVE EXHIBIT—NOT
`EVIDENCE” in the footer. The Board also reminds the parties that demonstrative
`exhibits are not a mechanism for making arguments or introducing evidence not
`previously presented in the record. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
`Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the
`appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot be
`resolved, the parties may file any remaining objections with the Board at least
`three business days before the oral hearing. The objections should identify with
`particularity the portions of the demonstrative exhibits that are subject to objection
`and include a one-sentence statement of the basis for each objection. No argument
`or further explanation is permitted. The Board will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, the Board will reserve
`ruling on the objections. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`A hard copy of the demonstratives should be provided to the court reporter
`at the hearing. 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 hearing to ensure the clarity and accuracy of the reporter’s
`transcript. The parties also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location, and that if a
`demonstrative is not filed or otherwise made fully available or visible to the
`judge(s) attending the hearing remotely, that demonstrative will not be considered.
`
`
`
`3
`
`
`
`IPR2017-01902 (Patent 8,597,761 B2)
`IPR2017-01921 (Patent 9,320,372 B2)
`
`Documents presented on the Elmo projector are not visible to remote judges, so
`please plan accordingly.
`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 anticipates 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.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at 571-272-9797. Requests for audio-visual equipment are to be made
`no later than 5 days in advance of the hearing date. The request is to be sent
`directly to Trials@uspto.gov. If the request is not received timely, the equipment
`may not be available on the day of the hearing.
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-01902 (Patent 8,597,761 B2)
`IPR2017-01921 (Patent 9,320,372 B2)
`
`PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Daisy Manning
`Kara R. Fussner
`Michael R. Annis
`HUSCH BLACKWELL LLP
`Ptab-rtelscher@huschblackwell.com
`Ptab-dmanning@huschblackwell.com
`kara.fussner@huschblackwell.com
`mike.annis@huschblackwell.com
`
`
`
`PATENT OWNER:
`
`David A. Mancino
`William F. Smith
`Kevin Flynn
`BAKER & HOSTETLER LLP
`dmancino@bakerlaw.com
`wsmith@bakerlaw.com
`kflynn@bakerlaw.com
`
`
`
`
`
`
`5
`
`
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