Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper No. 31
`Entered: December 18, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`STIHL INCORPORATED and ANDREAS STIHL AG & CO. LG,
`Petitioner,
`
`v.
`
`ELECTROJET TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00018
`Patent 6,955,081 B2
`____________
`
`
`
`Before JOSEPH A. FISCHETTI, MEREDITH C. PETRAVICK, and
`WILLIAM V. SAINDON, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`Tel: 571-272-7822
`
`
`
`
`Paper No. 31
`Entered: December 18, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`STIHL INCORPORATED and ANDREAS STIHL AG & CO. LG,
`Petitioner,
`
`v.
`
`ELECTROJET TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00018
`Patent 6,955,081 B2
`____________
`
`
`
`Before JOSEPH A. FISCHETTI, MEREDITH C. PETRAVICK, and
`WILLIAM V. SAINDON, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2018-00018
`Patent 6,955,081 B2
`
`
`On December 3, 2018, Petitioner requested an oral hearing on all of
`the instituted grounds of unpatentability of U.S. Patent No. 6,955,081.
`Paper 28. Petitioner proposes that one hour each for Petitioner and Patent
`Owner is sufficient to address the disputed issues in this proceeding.
`Patent Owner did not file a request for Oral Argument. Patent
`Owner’s counsel was contacted and Patent Owner stated that the parties had
`met and conferred regarding Oral Argument but that Patent Owner took the
`position that no Oral Argument is necessary. Further, Patent Owner stated
`that it objects to Petitioner’s request for one hour allotments for each side.
`Patent Owner proposes 30 minute allotments for each side.
`We grant Petitioner’s request for oral hearing, with each side
`permitted 1 hour to present their arguments, for the reasons that follow.
`Under 35 U.S.C. § 316(a)(10), “either party [has] the right to an oral
`hearing as part of the proceeding.” As explained in the Patent Trial Practice
`Guide, if a party refuses to participate, the Board has the discretion to permit
`a hearing. Office Patent Trial practice Guide, 77 Fed. Reg. 48,756, 48758
`(Aug. 14, 2012). (“Practice Guide”). Patent Owner did not raise any
`particular reason why it did not want a hearing, other than stating the case
`can be resolved on the paper record without the oral argument. Balancing
`Petitioner’s statutory right to a hearing with Patent Owner’s unexplained
`request not to have a hearing, we grant the Petitioner’s request for oral
`hearing.
`As to the length of the hearing, the Practice Guide, as updated, states
`that the Board generally provides for one hour of argument per side for a
`single proceeding, but a party may request more or less time depending on
`the circumstances. Update to the Trial Practice Guide, 19 (Aug. 2018).
`
`2
`
`
`
`IPR2018-00018
`Patent 6,955,081 B2
`
`Patent Owner did not provide for any reason to limit the proceeding to 30
`minute allotments for each side, other than to state that 30 minutes would be
`a sufficient amount of time for each side to present their argument. We are
`not persuaded of any reason to deviate from the default one hour per side
`allotment.
`The oral hearing will take place on January 14, 2019 on the ninth floor
`of the Madison Building East, 600 Dulany Street, Alexandria, Virginia. As
`discussed above, each side will have one hour to present arguments.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Petitioner will, therefore, begin by presenting its
`case regarding the challenged claims and grounds for which the Board
`instituted trial in the proceeding. Patent Owner will then respond to
`Petitioner’s arguments. Petitioner may reserve time to reply to arguments
`presented by Patent Owner, and Patent Owner may reserve time to reply to
`arguments presented by Petitioner during Petitioner’s reply time.
`The hearing will be open to the public for in-person attendance that
`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 must be served at
`least seven business days before the hearing. The panel also requests that
`demonstrative exhibits be filed with the Board at least three business days
`before the hearing. 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), regarding the appropriate
`content of demonstrative exhibits. The Board expects that the parties will
`
`3
`
`
`
`IPR2018-00018
`Patent 6,955,081 B2
`
`meet and confer in good faith to resolve any objections to demonstrative
`exhibits, but if such objections cannot be resolved the parties must file any
`objections to demonstratives with the Board at least three business days
`before the hearing. The objections should identify with particularity which
`portions of the demonstrative exhibits are subject to objection, include a
`copy of the objected-to portions, and include a one-sentence statement of the
`reason 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. 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 five days in advance of
`the hearing date. The request is to be sent to Trials@uspto.gov, any requests
`not sent specifically to that email address will not be considered timely. If
`the request is not received timely, the equipment may not be available on the
`day of the hearing.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-00018
`Patent 6,955,081 B2
`
`For Petitioner:
`
`Robert Hilton
`George Davis
`MCGUIRE WOODS LLP
`rhilton@mcguirewoods.com
`gdavis@mcguirewoods.com
`
`
`For Patent Owner:
`
`Thomas Lewry
`Michael MacCallum
`John Nemazi
`John Rondini
`Mark Jotanovic
`BROOKS KUSHMAN P.C.
`tlewry@brookskushman.com
`mmaccallum@brookskushman.com
`jnemazi@brookskushman.com
`jrondini@brookskushman.com
`mjotanovic@brookskushman.com
`
`5
`
`
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