Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper No. 20
`Entered: January 7, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SANDBOX MEDICAL, LLC,
`Petitioner,
`
`v.
`
`NEOTECH PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00246
`Patent 6,958,050 B1
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, RICHARD H. MARSCHALL,
`and JASON W. MELVIN, Administrative Patent Judges.
`
`WOOD, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`
`Paper No. 20
`Entered: January 7, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SANDBOX MEDICAL, LLC,
`Petitioner,
`
`v.
`
`NEOTECH PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00246
`Patent 6,958,050 B1
`____________
`
`
`
`Before BENJAMIN D. M. WOOD, RICHARD H. MARSCHALL,
`and JASON W. MELVIN, Administrative Patent Judges.
`
`WOOD, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 42.70
`
`
`
`
`
`IPR2019-00246
`Patent 6,958,050 B1
`
`
`Petitioner and Patent Owner request an oral argument in this case
`pursuant to 37 C.F.R. § 42.70. Papers 18, 19. Each party requests 30
`minutes of total argument time. Having considered the parties’ submissions,
`the parties’ requests for oral argument are GRANTED.
`The oral argument will commence at 1:00 pm Eastern Time on
`Thursday, February 6, 2020, at the USPTO Headquarters on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. The parties are directed to
`contact the Board at least 10 days in advance of the hearing if there are any
`concerns about disclosing confidential information. The Board will provide
`a court reporter for the hearing, and the reporter’s transcript will constitute
`the official record of the hearing. To facilitate planning, each party must
`send an email message to PTABHearings@uspto.gov five days prior to the
`hearing if the number planning to attend the hearing in-person for its side
`(attorneys and others) exceeds five people.
`Each party will have 30 minutes of total argument time. Petitioner
`will open the hearing by presenting its case regarding the challenged claims.
`Patent Owner will then respond to Petitioner’s presentation. 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-rebuttal time of
`no more than half its total argument time to respond to Petitioner’s rebuttal.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served seven business days before the hearing. The parties must also
`provide the demonstrative exhibits to the Board at least three business days
`prior to the hearing by emailing them to PTABHearings@uspto.gov. The
`
`
`
`2
`
`
`
`IPR2019-00246
`Patent 6,958,050 B1
`
`parties shall not file any demonstrative exhibits in this proceeding without
`prior authorization from the Board.
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds 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.
`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
`must 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 until the hearing. 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 Board generally 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 as long as that counsel is present in person. If either
`party anticipates that its lead counsel will not be attending the oral argument
`
`
`
`3
`
`
`
`IPR2019-00246
`Patent 6,958,050 B1
`
`in person, 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.
`A party may request that counsel be permitted to present arguments
`remotely from an alternative USPTO location. The available alternative
`locations are 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, California. To request that counsel be permitted to present
`arguments from a remote location, a party should send an email message to
`PTABHearings@uspto.gov at least ten business days or as soon as practical
`prior to the hearing, and provide a short statement of reasons for the request.
`The Board will notify the parties if the request is approved. Approval of the
`request does not mean that a panel member will be present at the remote
`location.
`A party may also request remote video attendance for one or more of
`its other attendees to view the hearing from any USPTO location. To
`request remote video viewing, a party must send an email message to
`PTABHearings@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
`PTABHearings@uspto.gov. A party may also indicate any special requests
`related to appearing at an in-person oral hearing, such as a request to
`
`
`
`4
`
`
`
`IPR2019-00246
`Patent 6,958,050 B1
`
`accommodate physical needs that limit mobility or visual or hearing
`impairments, and indicate how the PTAB may accommodate the special
`request. Any special requests must be presented in a separate
`communication not less than five (5) days before the hearing.
`In light of the foregoing, it is:
`ORDERED that the oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 1:00 pm Eastern Time on
`February 6, 2020.
`
`
`
`For PETITIONER:
`
`Vincent McGeary
`MCGEARY CUKOR LLC
`vmcgeary@mcgearycukor.com
`
`For PATENT OWNER:
`
`Michael DiNardo
`KELLY & KELLY, LLP
`mike@kelly-kelleylaw.com
`
`
`
`
`
`5
`
`
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