Trials@uspto.gov
`571-272-7822
`
` Paper 42
`Entered: November 5, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`TELA INNOVATIONS, INC.,
`Patent Owner.
`____________
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)1
`____________
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`WESLEY B. DERRICK, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 Because this Order addresses issues that are the same in each of the above-
`referenced proceedings, we issue one Order to be entered in each
`proceeding. The parties are not authorized to use this caption unless later
`permitted.
`
`
`571-272-7822
`
` Paper 42
`Entered: November 5, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`TELA INNOVATIONS, INC.,
`Patent Owner.
`____________
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)1
`____________
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`WESLEY B. DERRICK, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 Because this Order addresses issues that are the same in each of the above-
`referenced proceedings, we issue one Order to be entered in each
`proceeding. The parties are not authorized to use this caption unless later
`permitted.
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`Intel Corporation (“Petitioner”) requests an oral hearing for each of
`the above-captioned proceedings, pursuant to 37 C.F.R. § 42.70. Paper 51.2
`Tela Innovations, Inc. (“Patent Owner”) also filed requests for an oral
`hearing. Paper 52. Petitioner’s and Patent Owner’s requests are granted.
`There will be one consolidated hearing consisting of arguments for
`each of the five proceedings captioned above. For the consolidated hearing,
`we allocate each party 90 minutes of total argument time.
`Oral arguments will commence at 1:00 p.m. Eastern Time on
`December 9, 2020, by video. The parties are directed to contact the Board at
`least ten 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.
`If at any time during the proceeding, you encounter technical or other
`difficulties that fundamentally undermine your ability to adequately
`represent your client, please let the panel know immediately, and
`adjustments will be made.3
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearingsTrials@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
`
`2 We refer to the record in IPR2019-01520. Similar papers were filed in
`each of the above-captioned proceedings.
`3 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`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.
`Petitioner bears the ultimate burden of proof that the claims at issue in
`this review are unpatentable. Petitioner will open the hearing by presenting
`its case regarding the challenged claims for which the Board instituted trial.
`Patent Owner will then respond to Petitioner’s arguments. Next, Petitioner
`may use any time it has reserved for rebuttal, but no more than half their
`total presentation time, to respond to Patent Owner’s arguments. Lastly,
`Patent Owner may use any time it has reserved for a brief sur-rebuttal to
`respond to Petitioner’s rebuttal arguments. No other arguments will be
`heard.
`Per the Office Patent Trial Practice Guide, either party may request a
`pre-hearing conference by November 25, 2020, as set forth in our
`Scheduling Order. Paper 15, 10; see Consolidated Trial Practice Guide
`(“Trial Practice Guide”), 84 Fed. Reg. 64,280 (Nov. 21, 2019).4 To request
`such a conference, an email should be sent to Trials@uspto.gov including
`several dates and times of availability for one or both parties, as appropriate,
`
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`3
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`that are generally no later than three business days prior to the oral hearing.
`Please refer to the Guide for more information on the pre-hearing
`conference.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. Thus, the parties shall serve on
`opposing counsel demonstrative exhibits no later than Monday, November
`30, 2020. Notwithstanding 37 C.F.R. § 42.70(b), demonstratives should be
`filed as an exhibit, and contemporaneously emailed to
`PTABHearingsTrials@uspto.gov, no later than Wednesday, December 2,
`2020, to facilitate the panel’s preparation. The parties should consider the
`information regarding demonstrative materials discussed in the Trial
`Practice Guide.
`Demonstrative exhibits used at the oral 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.
`Demonstrative exhibits cannot be used to advance arguments or introduce
`evidence not previously presented in the record. 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 Jan. 27, 2014) (Paper 65), regarding the appropriate content of
`demonstrative exhibits. The Board expects that the parties will meet and
`4
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved the parties may file any objections to
`demonstratives with the Board at least two business days before the hearing.
`The objections should identify with particularity which portions of the
`demonstrative exhibits are subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason 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. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived.
`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 business days
`before the hearing.
`Please unmute yourself only when speaking. 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. The panel will have access to all
`5
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`papers filed with the Board, including demonstratives. 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.
`Members of the public may request to listen in on this oral hearing. If
`resources are available, the Board generally expects to grant such requests.
`If either party objects to the Board granting such requests, for example,
`because confidential information may be discussed, the party must notify the
`Board by contacting PTABHearings@uspto.gov at least five business days
`prior to the oral hearing date.
`
`It is hereby:
`ORDERED that Petitioner’s and Patent Owner’s requests for oral
`argument are granted subject to the conditions set forth in this Order; and
`FURTHER ORDERED that oral argument for the above-captioned
`proceedings shall take place beginning at 1:00 p.m. Eastern Time on
`December 9, 2020, by video.
`
`
`
`
`
`6
`
`
`
`IPR2019-01520, IPR2019-01521, IPR2019-01522 (Patent 10,186,523 B2)
`IPR2019-01636 (Patent 10,141,334 B2)
`IPR2019-01637 (Patent 10,141,335 B2)
`
`
`PETITIONER:
`Todd Friedman
`Gregory Arovas
`F. Christopher Mizzo
`Bao Nguyen
`KIRKLAND & ELLIS LLP
`todd.friedman@kirkland.com
`greg.arovas@kirkland.com
`chris.mizzo@kirkland.com
`bnguyen@kirkland.com
`
`PATENT OWNER:
`Gunnar Leinberg
`Bryan Smith
`Nicholas Gallo
`Alison McCarthy
`Andrew P. Zappia
`PEPPER HAMILTON LLP
`gunnar.leinberg@troutman.com
`bryan.smith@troutman.com
`nicholas.gallo@troutman.com
`alison.mccarthy@troutman.com
`andrew.zappia@troutman.com
`
`
`
`7
`
`
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