Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 28
`Entered: August 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC.,
`Petitioner,
`v.
`WISCONSIN ARCHERY PRODUCTS, LLC,
`Patent Owner.
`
`
`
`
`Case IPR2018-01137
`Patent 8,316,551 B2
`
`
`
`
`
`
`
`
`
`
`Before BARBARA A. PARVIS, STACEY G. WHITE, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`
`
`Paper 28
`Entered: August 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC.,
`Petitioner,
`v.
`WISCONSIN ARCHERY PRODUCTS, LLC,
`Patent Owner.
`
`
`
`
`Case IPR2018-01137
`Patent 8,316,551 B2
`
`
`
`
`
`
`
`
`
`
`Before BARBARA A. PARVIS, STACEY G. WHITE, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`
`On December 11, 2018, we instituted inter partes review in the instant
`proceeding and contemporaneously issued a Scheduling Order setting the
`date for oral argument to September 4, 2019. Papers 11, 12. On April 17,
`2019, we exercised our discretion to reset the date for oral argument to
`September 6, 2019. Paper 23. Patent Owner and Petitioner filed requests
`for oral argument pursuant to 37 C.F.R. § 42.70(a). Papers 26, 27.
`Petitioner requests that oral argument be held at the USPTO main office in
`Alexandria, Virginia. Paper 27. Patent Owner does not request a particular
`location. Paper 26. The parties’ requests are granted.
`Oral argument will commence at 1:00 PM Eastern Time, on
`September 6, 2019, and will be conducted at the USPTO Headquarters,
`Ninth Floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, 22314. Each side will receive 60 minutes of presentation time
`(including any rebuttal).
`The hearing will be open to the public for in-person attendance, which
`will be accommodated on a first-come, first-served basis. The Board will
`provide a court reporter for the hearing, and the reporter’s transcript will
`constitute the official record of the hearing.
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims. Patent Owner then will respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time (of no more than half their
`total presentation time) to reply to Patent Owner’s arguments. Patent Owner
`may reserve sur-rebuttal time (of no more than half its total presentation
`time) to respond to Petitioner’s rebuttal. See Trial Practice Guide Update,
`20 (Aug. 2018), available at https://go.usa.gov/xU7GP.
`
`
`
`
`2
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`
`A pre-hearing conference call will be held upon request. The request
`must be made no later than August 28, 2019. Prior to making such a
`request, Petitioner and Patent Owner shall meet and confer and, when
`possible, send a joint request to the Board with an agreed upon set of limited
`issues for discussion. A request for a pre-hearing conference may be made
`by email to Trials@uspto.gov, and shall include a list of issues to be
`discussed during the call and proposed times for the call, which should be no
`later than three (3) business days prior to the hearing.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and will not be able to view the
`projection screen in the hearing room. Thus, if a demonstrative exhibit is
`not made available in advance or visible to the judge(s) presiding over the
`hearing remotely, that demonstrative exhibit will not be helpful. 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 and for the benefit of the
`judge(s) presiding over the hearing remotely. A hard copy of the
`demonstratives, if used, should be provided to the court reporter at the
`hearing. Also, Petitioner and Patent Owner are reminded that, at the oral
`argument, they “may rely upon evidence that has been previously submitted
`in the proceeding and may only present argument relied upon in the papers
`previously submitted.” Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,768 (Aug. 14, 2012). “No new evidence or arguments may be
`presented at the oral argument.” Id. Petitioner and Patent Owner are
`directed to refrain from disclosing any confidential information during the
`hearing or including any confidential information in a demonstrative exhibit.
`
`
`
`3
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`If either Petitioner or Patent Owner has any concerns about disclosing
`confidential information, they must contact the Board at least three (3)
`business days before the hearing to request a conference call to discuss the
`matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served on
`the opposing party or parties seven (7) business days prior to the hearing.
`Demonstrative exhibits used at the hearing are aids to oral argument and not
`evidence, and should be clearly marked as such. For example, each slide of
`a demonstrative exhibit may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer. Trial
`Practice Guide Update, 21.
`The Board expects that Petitioner and Patent Owner will meet and
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved, Petitioner and Patent Owner are
`directed to request a conference call with the Board no later than three (3)
`business days prior to the hearing to resolve any dispute over the propriety
`of demonstrative exhibits. Petitioner and Patent Owner are responsible for
`requesting such a conference sufficiently in advance of the hearing to
`accommodate this requirement. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. The Board asks
`Petitioner and Patent Owner to confine demonstrative exhibit objections to
`those identifying egregious violations that are prejudicial to the
`administration of justice. Petitioner and Patent Owner may refer to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB
`October 23, 2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`
`
`
`4
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`(PTAB Jan. 27, 2014) (Paper 65) regarding the appropriate content of
`demonstrative exhibits. Petitioner and Patent Owner are directed to file their
`demonstrative exhibits, marked as noted above, in the records at least three
`(3) business days prior to the hearing.
`The Board expects lead counsel for each side to be present in person
`at the oral hearing. Any counsel of record, however, may present argument
`as long as that counsel is present in person. If either side expects 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 (2)
`business days prior to the oral hearing to discuss the matter.
`A party may request remote video attendance for one or more of its
`other attendees to view the hearing from any USPTO location. The
`available locations include the Texas Regional Office in Dallas, Texas; the
`Rocky Mountain Regional Office in Denver, Colorado; the Elijah J. McCoy
`Midwest Regional Office in Detroit, Michigan; and the Silicon Valley Office
`in San Jose, CA. To request remote video viewing, a party must send an
`email message to Trials@uspto.gov ten business days prior to the hearing,
`indicating the requested location and the number planning to view the
`hearing from the remote location. The Board will notify the parties if the
`request for video viewing is granted. Note that it may not be possible to
`grant the request due to the availability of resources.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special requests related to
`appearing at an in-person oral hearing, such as a request to accommodate
`physical needs that limit mobility or visual or hearing impairments, and
`indicate how the PTAB may accommodate the special request. Any special
`
`
`
`5
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`requests must be presented in a separate communication not less than five
`(5) days before the hearing.
`It is
`ORDERED that, subject to the procedures and requirements set forth
`above, the requests for oral argument are granted; and
`FURTHER ORDERED that oral argument, conducted in accordance
`with the procedures above, shall commence at 1:00 PM Eastern Time, on
`September 6, 2019.
`
`
`
`
`
`6
`
`
`
`IPR2018-01137
`Patent 8,316,551 B2
`
`PETITIONER:
`
`Jennifer C. Bailey
`Adam P. Seitz
`Jonathan L. Hines
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`jonathan.hines@eriseip.com
`
`PATENT OWNER:
`
`Michael T. Griggs
`Timothy E. Newholm
`BOYLE FREDRICKSON S.C.
`mtg@boylefred.com
`ten@boylefred.com
`
`Andrew L. Jagenow
`Ryan James Fletcher
`George C. Lewis
`MERCHANT & GOULD P.C.
`ajagenow@merchantgould.com
`rfletcher@merchantgould.com
`glewis@merchantgould.com
`
`
`
`
`7
`
`
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