Trials@uspto.gov
`571-272-7822
`
`
`Paper 33
`
`Date: January 6, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEX RECREATION CORP.,
`Petitioner,
`
`v.
`
`TEAM WORLDWIDE CORP.,
`Patent Owner.
`
`____________
`
`PGR2019-00015
`Patent 9,989,979 B2
`____________
`
`
`Before GEORGE R. HOSKINS, JAMES J. MAYBERRY, and
`ERIC C. JESCHKE, Administrative Patent Judges.
`
`MAYBERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
`
`Paper 33
`
`Date: January 6, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEX RECREATION CORP.,
`Petitioner,
`
`v.
`
`TEAM WORLDWIDE CORP.,
`Patent Owner.
`
`____________
`
`PGR2019-00015
`Patent 9,989,979 B2
`____________
`
`
`Before GEORGE R. HOSKINS, JAMES J. MAYBERRY, and
`ERIC C. JESCHKE, Administrative Patent Judges.
`
`MAYBERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`
`Petitioner, Intex Recreation Corp., and Patent Owner, Team
`Worldwide Corp., each requested oral hearing in PGR2019-00015. Papers
`31, 32. These requests are hereby granted, subject to the procedures and
`requirements below.
`Oral arguments will commence at 10:00 am Eastern Time on February
`11, 2020, at the USPTO Headquarters on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. The hearing will be
`open to the public for in-person attendance that will be accommodated on a
`first-come, first-served basis. 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. To facilitate planning, each party must send an email
`message to PTABHearings@uspto.gov five days prior to the hearing if the
`number planning to attend the hearing in-person for its side (attorneys and
`others) exceeds five people.
`Petitioner bears the ultimate burden of persuasion that the claims at
`issue in this proceeding are unpatentable. Petitioner will proceed first to
`present its arguments. Patent Owner then will respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time (of no more than half of
`its total presentation time) to reply to Patent Owner’s arguments. Patent
`Owner may reserve sur-rebuttal time (of no more than half its total
`presentation time) to respond to Petitioner’s rebuttal. See Consolidated Trial
`
`
`
`2
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`Practice Guide 83 (Nov. 2019), available at https://www.uspto.gov/sites/
`default/files/documents/tpgnov.pdf (“Trial Practice Guide”).
`A pre-hearing conference call will be held upon request. The request
`must be made no later than January 28, 2020. Prior to making such a
`request, Petitioner and Patent Owner shall meet and confer and, when
`possible, send a joint request to the Board with an agreed-upon set of limited
`issues for discussion. A request for a prehearing conference may be made
`by email to Trials@uspto.gov, and shall include a list of issues to be
`discussed during the call and proposed times for the call, which should be no
`later than three (3) business days prior to the hearing.
`At least one member of the panel may attend the hearing
`electronically from a remote location and will not be able to view the
`projection screen in the hearing room. Thus, if a demonstrative exhibit is
`not made available in advance or visible to the judge(s) presiding over the
`hearing remotely, that demonstrative exhibit will not be helpful. Each
`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 reporter’s transcript and for the benefit of the
`judge(s) presiding over the hearing remotely. A hard copy of the
`demonstratives, if used, should be provided to the court reporter at the
`hearing. Also, Petitioner and Patent Owner are reminded that, at the oral
`arguments, they “may only present arguments relied upon in the papers
`previously submitted.” Trial Practice Guide 86. “Except in cases where the
`Board permits live testimony, no new evidence may be presented at the oral
`argument.” Id.
`
`
`
`3
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served on
`the opposing party or parties seven (7) business days prior to the hearing.
`Demonstrative exhibits used at the 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. Trial
`Practice Guide 84.
`The Board expects that Petitioner and Patent Owner will meet and
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved, Petitioner and Patent Owner are
`directed to request a conference call with the Board no later than three (3)
`business days prior to the hearing to resolve any dispute over the propriety
`of demonstrative exhibits. Petitioner and Patent Owner are responsible for
`requesting such a conference sufficiently in advance of the hearing to
`accommodate this requirement. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. The Board asks
`Petitioner and Patent Owner to confine demonstrative exhibit objections to
`those identifying egregious violations that are prejudicial to the
`administration of justice. Petitioner and Patent Owner may refer to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB
`October 23, 2013) (Paper 118), and St. Jude Medical, Cardiology Div., 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. Petitioner and Patent Owner are directed to file their
`demonstrative exhibits, marked as noted above, at least three (3) business
`days prior to the hearing.
`
`
`
`4
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`
`The Board generally expects lead counsel for each party to be present
`in person at the oral hearing. However, any counsel of record may present
`the party’s argument as long as that counsel is present in person.
`A party may request that counsel be permitted to present arguments
`remotely from an alternative USPTO location. The available locations
`include the Texas Regional Office in Dallas, Texas; the Rocky Mountain
`Regional Office in Denver, Colorado; the Elijah J. McCoy Midwest
`Regional Office in Detroit, Michigan; and the Silicon Valley Office in San
`Jose, CA. To request that counsel be permitted to present arguments from a
`remote location, a party should send an email message to
`PTABHearings@uspto.gov at least ten business days or as soon as practical
`prior to the hearing and provide a short statement of reasons for the request.
`The Board will notify the parties if the request is approved. Approval of the
`request does not guarantee that a panel member will be present at the remote
`location.
`A party may also request remote video attendance for one or more of
`its other attendees to view the hearing from any USPTO location. To
`request remote video viewing, a party must send an email message to
`PTABHearings@uspto.gov ten business days prior to the hearing, indicating
`the requested location and the number planning to view the hearing from the
`remote location. The Board will notify the parties if the request for video
`viewing is granted. Note that it may not be possible to grant the request due
`to the availability of resources.
`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 an in-person oral hearing, such as a request to
`
`
`
`5
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`accommodate physical needs that limit mobility or 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.
`It is
`ORDERED that, subject to the procedures and requirements set forth
`above, the requests for oral arguments are granted; and
`FURTHER ORDERED that oral arguments, conducted in accordance
`with the procedures above, shall commence at 10:00 a.m. eastern time.
`
`
`
`6
`
`
`
`PGR2019-00015
`Patent 9,989,979 B2
`
`PETITIONER:
`
`R. Trevor Carter (lead counsel)
`Andrew M. McCoy
`Joel D. Sayres
`Reid E. Dodge
`FAEGRE BAKER DANIELS LLP
`Trevor.Carter@faegrebd.com
`Andrew.McCoy.PTAB@faegrebd.com
`joel.sayres@faegrebd.com
`ReidDodgePTAB@faegrebd.com
`
`
`
`PATENT OWNER:
`
`Timothy E. Bianchi (lead counsel)
`Scott C. Krueger
`Ryan J. Connell
`SCHWEGMAN, LUNDBERG & WOESSNER, P.A.
`tbianchi@slwip.com
`skrueger@slwip.com
`rconnell@slwip.com
`
`
`
`
`
`7
`
`
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