Paper 41
`Date: September 21, 2016
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
`
`GOLD STANDARD INSTRUMENTS, LLC,
`Patent Owner.
`____________
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`____________
`
`Before JOSIAH C. COCKS, HYUN J. JUNG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`PGR2015-00019
`Patent 8,876,991 B2
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`Patent Owner and Petitioner have requested oral argument pursuant to
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`37 C.F.R. § 42.70. See Paper 35; Paper 39. The requests are granted.
`The hearing will commence at 1:00 p.m. Eastern Time on October 19, 2016,
`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,
`and in-person attendance 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.
`Each party will have 45 minutes of total argument time. Petitioner bears the
`ultimate burden of proof that the claims at issue in this review are unpatentable.
`Therefore, at the hearing, Petitioner will proceed first to present its arguments on
`the asserted grounds of unpatentability on which we instituted trial. Petitioner may
`reserve rebuttal time. Thereafter, Patent Owner will argue its opposition to
`Petitioner’s case. Petitioner may then use any time Petitioner reserved to rebut to
`Patent Owner’s opposition.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days before the hearing. The parties may refer to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. The parties shall
`meet and confer to discuss any objections to demonstrative exhibits. The parties
`shall file their demonstratives with the Board at least three business days before the
`hearing. If any issues regarding demonstratives remain unresolved after the parties
`meet and confer, the parties shall file jointly a one-page list of objections to the
`demonstrative exhibits at least three business days before the hearing. For each
`objection, the list must identify with particularity the demonstratives subject to the
`objection and include a short, one-sentence statement explaining the objection.
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`PGR2015-00019
`Patent 8,876,991 B2
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`The panel will consider the objections and schedule a conference call if necessary.
`Otherwise, rulings on the objections will be reserved until the hearing or after the
`hearing. Any objection to demonstrative exhibits not presented timely will be
`considered waived. The parties are reminded that the demonstrative exhibits
`presented in this case are not evidence and are intended only to assist the parties in
`presenting their oral argument to the panel.
`Each party shall provide a hard copy of its demonstratives to the court
`reporter at the hearing. At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection screen in the
`hearing room. Consequently, the parties are reminded that the presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`number) referenced during the hearing to ensure the clarity and accuracy of the
`transcript.
`The Board expects lead counsel for each party to be present in person at the
`hearing. Lead or backup counsel, however, may present the party’s argument. If
`either party anticipates that its lead counsel will not be attending the hearing, that
`party should initiate a joint telephone conference with the other party and the panel
`no later than three business days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment are to be made five business days in
`advance of the hearing date. The request is to be sent to Trials@uspto.gov. If the
`request is not received timely, the equipment may not be available on the day of
`the hearing.
`It is
`ORDERED that oral argument will commence at 1:00 p.m. Eastern Time on
`October 19, 2016.
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`PGR2015-00019
`Patent 8,876,991 B2
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`For PETITIONER:
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`Jeffrey Ginsberg
`Abhishek Bapna
`PATTERSON BELKNAP WEBB & TYLER LLP
`jginsberg@pbwt.com
`abapna@pbwt.com
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`
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`For PATENT OWNER:
`
`Joseph Hynds
`R. Elizabeth Brenner-Leifer
`Jason Nolan
`Christine Gifford
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`jhynds@rfem.com
`ebrenner@rfem.com
`jnolan@rfem.com
`ngifford@rfem.com
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