Trials@uspto.gov
`571-272-7822
`
`Paper 34
`Entered: November 21, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CASCADES CANADA ULC,
`Petitioner,
`
`v.
`
`ESSITY PROFESSIONAL HYGIENE NORTH AMERICA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02198
`Patent 8,273,443 B2
`____________
`
`
`Before KRISTINA M. KALAN and JON B. TORNQUIST, Administrative
`Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
`Paper 34
`Entered: November 21, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CASCADES CANADA ULC,
`Petitioner,
`
`v.
`
`ESSITY PROFESSIONAL HYGIENE NORTH AMERICA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02198
`Patent 8,273,443 B2
`____________
`
`
`Before KRISTINA M. KALAN and JON B. TORNQUIST, Administrative
`Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-02198
`Patent 8,273,443 B2
`
`
`Petitioner and Patent Owner request an oral hearing pursuant to
`
`37 C.F.R. § 42.70, and request 45 minutes of total argument time to present
`
`their respective arguments. IPR2017-02198, Papers 29, 31. The requests
`
`are granted.
`
`Each party will have 45 minutes of total argument time to present its
`
`arguments. Petitioner, bearing the ultimate burden of proof that the patent
`
`claims at issue in this review are unpatentable, 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 December 14, 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
`
`
`
`2
`
`
`
`IPR2017-02198
`Patent 8,273,443 B2
`
`a demonstrative 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
`
`
`
`3
`
`
`
`IPR2017-02198
`Patent 8,273,443 B2
`
`made fully available or visible to the judge(s) attending the hearing
`
`remotely, that demonstrative will not be considered. 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
`
`
`
`IPR2017-02198
`Patent 8,273,443 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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