`
`
`Paper 43
`Date: May 14, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NAVISTAR, INC.,
`Petitioner,
`
`v.
`
`FATIGUE FRACTURE TECHNOLOGY, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00853
`Patent 7,143,915 B2
`____________
`
`Before LINDA E. HORNER, BENJAMIN D. M. WOOD, and
`RICHARD H. MARSCHALL, Administrative Patent Judges.
`
`HORNER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2018-00853
`Patent 7,143,915 B2
`
`
`
`
`
`I.
`INTRODUCTION
`Petitioner and Patent Owner each requests oral argument under
`37 C.F.R. § 42.70. Paper 39; Paper 42.1 This Order resolves those requests.
`We grant the parties’ requests for oral argument. Oral argument shall
`commence at 10:00 a.m. Eastern Time on June 11, 2019, on the 9th floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`The Board will provide a court reporter for the oral argument, and the
`reporter’s transcript will constitute the official record of the oral argument.
`The oral argument will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis.
`Petitioner requests 60 minutes of argument time. Paper 39, 1. Patent
`Owner asserts that 60 minutes of argument time is not required for this
`proceeding and requests 30 minutes of argument time. Paper 42, 1. Patent
`Owner also requests that it be permitted to present its case first. Id.
`Petitioner and Patent Owner each shall have 60 minutes of total time
`to present arguments. The hearing will proceed as follows. Because
`Petitioner bears the ultimate burden of persuasion that the claims at issue in
`this review are unpatentable, Petitioner will open the hearing by presenting
`its case, including arguments for any of its motions. Patent Owner then may
`argue its opposition to Petitioner’s arguments and any of its motions.
`Petitioner may reserve rebuttal time (of no more than half its total argument
`time) to reply to Patent Owner’s arguments. Patent Owner may reserve sur-
`
`
`1 Although Patent Owner labeled this paper as “Paper No. 43,” it is Paper
`Number 42 in the record.
`
`2
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`IPR2018-00853
`Patent 7,143,915 B2
`
`
`rebuttal time (of no more than half its total argument time) to respond to
`Petitioner’s rebuttal.
`The parties shall serve on opposing counsel demonstrative exhibits no
`later than June 3, 2019. The parties also shall file the demonstrative exhibits
`at the Board at least five business days prior to the oral argument to facilitate
`the panel’s preparation. A hard copy of the demonstrative exhibits should be
`provided to the court reporter at the oral argument.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`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, which must include citations to the
`record.
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect 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 objections to demonstratives with
`the Board at least two business days before the oral argument. The
`objections should identify with particularity the portions of each
`demonstrative exhibit subject to objection, include a copy of the objected-to
`portions, and include a one-sentence statement of the reason for each
`objection. No further argument or explanation is permitted. We will
`consider any objections and schedule a conference call if deemed necessary.
`3
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`IPR2018-00853
`Patent 7,143,915 B2
`
`
`Otherwise, we will reserve ruling on the objections until after the oral
`argument. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived. During the oral argument, each
`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.
`No live witness testimony shall be taken at the oral argument. The
`Board expects lead counsel for each party to be present in person at the oral
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should notify the Board no later than two
`business days prior to the argument. Any counsel of record may present the
`party’s argument. Either party’s argument may be divided, but interruptions
`for change of counsel should be kept to a minimum.
`Petitioner and Patent Owner each requests permission to use certain
`audiovisual equipment. Paper 39, 3; Paper 42, 3. The parties are allowed to
`use computers. Any requests for audiovisual equipment will not be honored
`unless presented in a separate communication, directed to Trials@uspto.gov,
`not less than five business days before the oral argument. If the request is
`not received timely, the equipment may not be available on the day of the
`oral argument.
`It is hereby:
`ORDERED that the parties’ requests for oral argument are granted
`subject to the conditions set forth in this Order; and
`FURTHER ORDERED that oral argument for this proceeding shall
`take place beginning at 10:00 a.m. Eastern Time on June 11, 2019, on the
`9th floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`4
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`
`
`
`
`
`IPR2018-00853
`Patent 7,143,915 B2
`
`For PETITIONER:
`
`Craig D. Leavell
`Deborah Cairns
`Matthew M. Kamps
`FAEGRE BAKER DANIELS LLP
`craig.leavell@faegrebd.com
`deborah.cairns@faegrebd.com
`matt.kamps@faegrebd.com
`
`
`For PATENT OWNER:
`
`Meredith M. Addy
`Robert P. Hart
`ADDYHART P.C.
`meredith@addyhart.com
`robert@addyhart.com
`litigation-dkt@addyhart.com
`
`
`
`
`
`
`
`
`5
`
`
`
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