`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 31
`Date: August 20, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SOTERA WIRELESS, INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2020-01078
`Patent RE47,218 E
`
`____________
`
`
`
`Before GEORGE R. HOSKINS, JENNIFER MEYER CHAGNON, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`
`ORDER
`Re-Setting Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`
`
`On August 3, 2021, we entered an Order Setting Oral Argument
`
`(Paper No. 30) in this case to occur at the University of Oregon, Portland
`
`Campus, on Friday, September 24, 2021. This was to be part of a
`
`PTAB/TTAB Stadium Tour program, with counsel for both parties and all
`
`three administrative patent judges (APJs) appearing in person and in front of
`
`an audience, not remotely. As noted previously, the Board very much
`
`appreciates the parties’ and their counsels’ willingness to participate in this
`
`program.
`
`Unfortunately, due to the changing circumstances nation-wide
`
`surrounding the COVID-19 outbreak, the Office has decided to postpone the
`
`entire PTAB/TTAB Stadium Tour program until the Fall of 2022. Also,
`
`USPTO facilities remain closed to the public due to the state of affairs
`
`relating to COVID-19. Accordingly, we hereby re-set the hearing of oral
`
`argument in this case to occur by videoconference, on the same day of
`
`Friday, September 24, 2021, and commencing at the new time of 2:00 p.m.
`
`Eastern Time.
`
`To facilitate the videoconference, each party must contact the Board
`
`at PTABHearings@uspto.gov at least five (5) business days prior to the
`
`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 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 hearing will be
`
`conducted telephonically.
`
`If one or both parties would prefer to participate in the hearing
`
`telephonically, they must contact the Board at PTABHearings@uspto.gov at
`
`2
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`
`least five (5) business days prior to the hearing date to receive dial-in
`
`connection information.
`
`Counsel should unmute only when speaking. The panel will have
`
`access to all papers filed with the Board, including demonstratives. During
`
`the hearing, the parties are reminded to identify clearly and specifically each
`
`paper referenced (e.g., by slide or screen number for a demonstrative) to
`
`ensure the clarity and accuracy of the court reporter’s transcript and for the
`
`benefit of all participants appearing electronically. In addition, the parties
`
`are advised to identify themselves each time they speak. Furthermore, the
`
`remote nature of the hearing may also result in an audio lag, and thus the
`
`parties are advised to observe a pause prior to speaking, so as to avoid
`
`speaking over others.
`
`If at any time during the hearing, counsel encounters technical or
`
`other difficulties that fundamentally undermine counsel’s ability to
`
`adequately represent its client, please let the panel know immediately, and
`
`adjustments will be made.1
`
`Members of the public may request to listen to this 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 during the pre-hearing conference on September 10, 2021.
`
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`3
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`
`
`All other provisions in our previous Order (Paper 30) remain in effect.
`
`This includes holding a pre-hearing conference with the parties by telephone
`
`on Friday, September 10, 2021 at 10:00 a.m. Eastern Time, to discuss the
`
`various agenda items specified in our previous Order, and whatever other
`
`issues either party may desire to address. As a reminder, the dial-in
`
`information for the telephone conference will be Telephone Number
`
`(877) 972-8080, and Passcode 7614880.
`
`Accordingly, it is SO ORDERED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2020-01078
`Patent RE47,218 E
`
`PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Daisy Manning
`Nathan P. Sportel
`Jennifer E. Hoekel
`HUSCH BLACKWELL LLP
`PTABRTelscher@huschblackwell.com
`PTABDManning@huschblackwell.com
`Nathan.Sportel@huschblackwell.com
`Jennifer.Hoekel@huschblackwell.com
`
`
`
`
`
`PATENT OWNER:
`
`Benjamin A. Katzenellenbogen
`Irfan A. Lateef
`Brian C. Claassen
`Jared C. Bunker
`Daniel C. Kiang (pro hac vice)
`KNOBBE, MARTENS, OLSON, & BEAR, LLP
`2bak@knobbe.com
`2ial@knobbe.com
`2bcc@knobbe.com
`2jcb@knobbe.com
`2dck@knobbe.com
`
`
`5
`
`
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