`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
` Paper 36
`Entered: October 17, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERAL ELECTRIC COMPANY,
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORPORATION,,
`Patent Owner.
`____________
`
`IPR2018-01442
`Patent 9,695,751 B2
`
`Before HYUN J. JUNG, SCOTT A. DANIELS, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`IPR2018-01442
`Patent 9,695,751 B2
`As set forth in the Board’s Scheduling Order, oral argument, if
`requested, is scheduled for October 30, 2019, in connection with this
`proceeding. Paper 9. Patent Owner and Petitioner requested oral argument.
`Papers 34, 35. The requests are granted.
`Oral argument will commence at 9:30 am Eastern Time on October
`30, 2019. The hearing will be conducted on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia 22314. 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.
` The parties are directed to refrain from disclosing any confidential
`information during the hearing or including any confidential information in a
`demonstrative exhibit. If the parties have any concern about disclosing
`confidential information, they must contact the Board at least three (3)
`business days before the hearing to discuss the matter.
`Each party will have a total of sixty (60) minutes of presentation time.
`The parties are responsible for allocating their total argument time, including
`argument on pending motions or procedural matters. A party may only
`present argument and evidence at the hearing for which there is proper
`foundation in the record. GE, as petitioner, bears the ultimate burden of
`proof that the claims as challenged in the petition, and the substitute claims
`as proposed in the contingent motion to amend, are unpatentable. Thus, GE
`will proceed first by presenting up to sixty (60) minutes of argument with
`respect to the challenged claims and proposed substitute claims. UTC will
`follow with up to sixty (60) minutes of responsive argument. Before
`commencing argument, either party may reserve time for rebuttal argument.
`
`2
`
`
`
`
`IPR2018-01442
`Patent 9,695,751 B2
`At least five (5) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibits it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). No demonstrative exhibits will be
`filed with the Board. Rather, at least three (3) business days prior to the
`hearing, the parties will submit a courtesy copy of any demonstrative
`exhibits to the Board by email to Trials@uspto.gov. Any demonstrative
`exhibit not served on a party or submitted to the Board may not be used
`during the hearing
`Prior to submitting a courtesy copy of demonstrative exhibits to the
`Board, the parties must meet and confer in good faith to resolve any
`objections to the propriety of any demonstrative exhibit. Any objection that
`is not timely presented will be deemed waived. If any objections to
`demonstrative exhibits cannot be resolved, the objecting party may file a
`statement of objections with the Board at least three (3) business days before
`the hearing. The statement of objections should identify with particularity
`each demonstrative exhibit subject to objection and include a brief statement
`(no more than a few sentences) of the reason for such objection. No
`argument or further explanation is permitted. Nor is a party permitted to file
`a response to the statement of objections.
`The Board will consider the statement of objections and schedule a
`conference call if necessary. Otherwise, the Board will reserve ruling on the
`objections until the time of the hearing. The parties are advised to limit
`objections to demonstrative exhibits to egregious violations that are
`prejudicial to the administration of justice. Generally, if the content of a
`slide cannot be readily associated with an argument made, or evidence
`referenced, in a substantive paper of record, the slide is inappropriate.
`Conversely, if the content of a slide can be readily associated with an
`
`3
`
`
`
`IPR2018-01442
`Patent 9,695,751 B2
`argument made, or evidence referenced, in a substantive paper, it is proper.
`Ideally, parties should indicate on each slide where support may be found in
`a substantive paper and/or exhibit of record.
`At least one member of the panel hearing this case will attend the
`hearing remotely, by video and audio link. The parties are reminded that,
`during the hearing, the presenter must identify clearly and specifically each
`demonstrative exhibit referenced (e.g., by slide or screen number) to ensure
`the clarity and accuracy of the reporter’s transcript, and to ensure that the
`remote judge can follow the argument even if the video connection is
`disrupted. The parties are requested to speak directly into the microphone,
`including during initial introduction of counsel.
`If either party anticipates that its lead counsel will not attend the
`hearing, the parties should notify the Board no later than two (2) business
`days prior to the hearing. Any counsel of record may present a party’s
`argument. Either party’s argument may be divided, but interruptions for
`change of counsel should be kept to a minimum.
`The parties are allowed to use computers to display their
`demonstratives on the screen in the hearing room. Any special requests for
`audiovisual equipment should be directed to Trials@uspto.gov no later than
`five (5) business days in advance of the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`Accordingly, it is
`ORDERED that, subject to the procedures set forth above, the parties’
`requests for oral argument are granted; and
`FURTHER ORDERED that oral argument for this proceeding shall
`take place beginning at 9:30am Eastern Time on October 30, 2019, on the
`
`4
`
`
`
`IPR2018-01442
`Patent 9,695,751 B2
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia.
`
`5
`
`
`
`IPR2018-01442
`Patent 9,695,751 B2
`For PETITIONER:
`
`Anish R. Desai
`Brian E. Ferguson
`Christopher Pepe
`Daniel Musher
`WEIL, GOTSHAL & MANGES LLP
`anish.desai@weil.com
`brian.ferguson@weil.com
`christopher.pepe@weil.com
`daniel.musher@weil.com
`
`PATENT OWNER:
`
`W. Karl Renner
`David L. Holt
`Kenneth W. Darby, Jr.
`FISH & RICHARDSON P.C.
`Axf-ptab@fr.com
`holt2@fr.com
`kdarby@fr.com
`
`6
`
`
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