Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 17
`Entered: August 10, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASKELADDEN LLC,
`Petitioner,
`v.
`LEIGH M. ROTHSCHILD,
`Patent Owner.
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, JOHN P. PINKERTON, and
`JAMES A. WORTH, Administrative Patent Judges.
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`HEARING AND ATTENDANCE
`Inter partes review in IPR2019-00855 and IPR2019-00856 was
`instituted on November 21, 2019. Paper 8.1 A Scheduling Order was issued
`
`
`1 Citations to paper numbers are the same for both IPR2019-00855 and
`IPR2019-00856.
`
`
`Tel: 571-272-7822
`
`Paper 17
`Entered: August 10, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASKELADDEN LLC,
`Petitioner,
`v.
`LEIGH M. ROTHSCHILD,
`Patent Owner.
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, JOHN P. PINKERTON, and
`JAMES A. WORTH, Administrative Patent Judges.
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`HEARING AND ATTENDANCE
`Inter partes review in IPR2019-00855 and IPR2019-00856 was
`instituted on November 21, 2019. Paper 8.1 A Scheduling Order was issued
`
`
`1 Citations to paper numbers are the same for both IPR2019-00855 and
`IPR2019-00856.
`
`
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`the same day, which set the date for oral hearing in the proceeding as August
`20, 2020, if a hearing were requested by the parties and granted by the
`Board. Paper 9. Petitioner has requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. Paper 16. Petitioner’s request for oral hearing is granted.
`The hearing will commence at 1:00 p.m. Eastern Time, on August 20,
`2020. The hearing will be conducted via video conference. To facilitate
`planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral hearing date
`to receive video set-up information. As a reminder, all arrangements and the
`expenses involved with appearing by video, such as the selection of the
`facility to be used from which a party will attend by video, must be borne by
`that party. If a video connection cannot be established, the parties will be
`provided with dial-in connection information, and the oral hearing will be
`conducted telephonically.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Each party will have forty-five (45) minutes to present arguments.
`Each party may allocate their time for primary and rebuttal arguments with a
`maximum of ten (10) minutes reserved for rebuttal. Petitioner will present
`its primary argument first regarding the patentability of all claims at issue in
`each proceeding. Patent Owner will respond with its primary argument in
`response to Petitioner’s primary argument. Petitioner will present its
`rebuttal argument, limited to responding to Patent Owner’s responsive
`
`2
`
`
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`primary argument. Patent Owner will present its rebuttal, limited to
`responding to Petitioner’s rebuttal argument.
`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. The Board generally expects lead counsel for each party to be
`present by video at the oral hearing. Any counsel of record may present the
`party’s argument as long as that counsel is present by video.
`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 a video oral hearing, such as a request to
`accommodate 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.
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`identify clearly and specifically each demonstrative referenced (e.g., by slide
`or screen number) to ensure the clarity and accuracy of the court reporter’s
`transcript. In addition, the parties are advised to identify themselves each
`time they speak. Furthermore, the remote nature of the oral hearing may
`also result in an audio lag, and so the parties are advised to observe a pause
`prior to speaking, so as to avoid speaking over others.
`
`3
`
`
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`
`DEMONSTRATIVE EXHIBITS
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served on
`the opposing party at least five (5) business days before the oral hearing, and
`filed as an exhibit no later than the time of the oral hearing. The parties also
`shall provide a courtesy copy of any demonstrative exhibits to the Board at
`least three (3) business days prior to the oral hearing by emailing the exhibits
`to PTABHearings@uspto.gov. Demonstrative exhibits in this proceeding
`are not evidence and are intended only to assist the parties in presenting their
`oral argument to the panel, and should be clearly marked as such. For
`example, each slide may be marked with the words “DEMONSTRATIVE
`EXHIBIT – NOT EVIDENCE” in the footer. See Dell Inc. v. Acceleron,
`LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (noting that the “Board was
`obligated to dismiss [the petitioner’s] untimely argument . . . raised for the
`first time during oral argument”). The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, IPR2013-00041 (PTAB January 27, 2015) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits, which
`must include citations to the record.
`If either party objects to demonstrative exhibits, the parties shall meet
`and confer in good faith to resolve any such objections. A party may file a
`paper addressing any unresolved objections to demonstrative exhibits with
`the Board no later than three (3) business days before the oral hearing. The
`paper shall include a single sentence per objection stating the basis for that
`objection and be accompanied by a copy of the allegedly objectionable
`demonstrative exhibit that identifies the objectionable portion of the exhibit
`with particularity. No further argument or explanation is permitted. We will
`
`4
`
`
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`consider the objections and, if we deem it necessary, we will further address
`the objections in a conference call or at the oral hearing. Otherwise, we will
`reserve ruling on the objections until after the oral hearing.
`The parties are also reminded that the presenter must clearly and
`specifically identify 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. The Board requests such identification for all
`exhibits discussed during oral argument in the interest of providing a clear
`record.
`
`5
`
`
`
`IPR2019-00855 and IPR2019-00856
`Patent 8,799,088 B2
`PETITIONER:
`Frank A. DeLucia
`Andrew O. Larsen
`MERCHANT & GOULD P.C.
`fdelucia@merchantgould.com
`alarsen@merchantgould.com
`
`PATENT OWNER:
`Leigh M. Rothschild
`PRO SE
`leigh.rothschild@gmail.com
`
`6
`
`
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