`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper No. 28
`Entered: December 20, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SCHUL INTERNATIONAL COMPANY, LLC,
`Petitioner,
`
`v.
`
`EMSEAL JOINT SYSTEMS, LTD.,
`Patent Owner.
`____________
`
`Case PGR2017-00053
`Patent 9,528,262 B2
`
`____________
`
`
`
`Before GEORGE R. HOSKINS, JAMES A. WORTH, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`PGR2017-00053
`Patent 9,528,262 B2
`
`
`The parties have both requested oral argument in this proceeding
`pursuant to 37 C.F.R. § 42.70. See Papers 24 & 25. The Requests are each
`granted.
`The hearing will commence at 1:30 p.m. Eastern Time on
`February 13, 2019, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314. This is a different date
`than originally provided in the Scheduling Order (Paper 11), for reasons
`explained in a separate order entered contemporaneously with this order.
`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 hearings.
`The parties have both requested 60 minutes of argument time. See
`Papers 24 & 25. Based on the scope of review in this case, each party will
`have 60 minutes of argument time. Petitioner will proceed first to present its
`arguments, then Patent Owner will argue its opposition to Petitioner’s case.
`Petitioner may reserve rebuttal time, in which event any such rebuttal will be
`presented after Patent Owner’s argument. See 35 U.S.C. § 316(e); Aqua
`Prods., Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017).
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the oral argument. 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
`demonstrative exhibits with the Board at least three business days before the
`
`2
`
`
`
`PGR2017-00053
`Patent 9,528,262 B2
`
`hearings. If any issues regarding demonstrative exhibits 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 hearings. For each objection, the list must identify with particularity the
`demonstrative exhibit(s) subject to the objection and include a short,
`one-sentence statement explaining the objection. The panel will consider the
`objections and schedule a conference call if necessary. Otherwise, rulings
`on the objections will be reserved until the hearings or after the hearings.
`Any objection to demonstrative exhibits not presented timely will be
`considered waived. The parties are reminded that the demonstrative exhibits
`presented in these proceedings 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 demonstrative exhibits to
`the court reporter at the hearing. At least one judge may be participating
`remotely via a videoconferencing device and will not be able to view the
`projection screen in the hearing room. The parties are reminded that the
`presenter should 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 hearings. Lead or backup counsel, however, may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the hearings, that party should initiate a joint telephone conference
`with the other party and the panel no later than three business days prior to
`the hearings to discuss the matter.
`
`3
`
`
`
`PGR2017-00053
`Patent 9,528,262 B2
`
`
`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 hearings.
`It is:
`ORDERED that oral argument for this proceeding will commence at
`1:30 p.m. Eastern Time on February 13, 2019, in Alexandria, Virginia.
`
`For PETITIONER:
`
`Gary Lambert
`David Connaughton
`LAMBERT & ASSOCIATES
`info@lambertpatentlaw.com
`lawclerk@lambertpatentlaw.com
`
`James Hudson III
`CRAIN, CATON & JAMES
`jhudson@craincaton.com
`
`For PATENT OWNER:
`
`Michael Kinney
`MKG, LLC
`kinney@mkgip.com
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
