Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 44
`Date: December 14, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SIMPSON STRONG-TIE COMPANY INC.,
`Petitioner,
`
`v.
`
`COLUMBIA INSURANCE COMPANY,
`Patent Owner.
`____________
`
`PGR2019-00063
`Patent 10,316,510 B2
`____________
`
`
`
`Before SCOTT A. DANIELS, NEIL T. POWELL, and
`STEPHEN E. BELISLE, Administrative Patent Judges.
`
`BELISLE, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 44
`Date: December 14, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SIMPSON STRONG-TIE COMPANY INC.,
`Petitioner,
`
`v.
`
`COLUMBIA INSURANCE COMPANY,
`Patent Owner.
`____________
`
`PGR2019-00063
`Patent 10,316,510 B2
`____________
`
`
`
`Before SCOTT A. DANIELS, NEIL T. POWELL, and
`STEPHEN E. BELISLE, Administrative Patent Judges.
`
`BELISLE, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`PGR2019-00063
`Patent 10,316,510 B2
`
`
`I. HEARING AND ATTENDANCE
`Post-grant review PGR2019-00063 was instituted on March 12, 2020.
`Paper 14. A Revised Scheduling Order was issued October 15, 2020, which
`set the date for oral hearing in the proceeding as January 14, 2021, if a
`hearing were requested by the parties and granted by the Board. Paper 38.
`Both parties have requested oral hearing pursuant to 37 C.F.R. § 42.70.
`Papers 41 and 42. Petitioner’s and Patent Owner’s requests for oral hearing
`are granted.
`The hearing will commence at 1:00 p.m. (Eastern Time), on
`January 14, 2021, by video. 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. 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.
`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.1
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@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 the
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`PGR2019-00063
`Patent 10,316,510 B2
`
`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
`PTABHearings@uspto.gov five business days prior to the hearing to receive
`dial-in connection information.
`Each party will have sixty (60) minutes to present arguments. Each
`party may allocate their time for primary and rebuttal arguments with a
`maximum of twenty (20) minutes reserved for rebuttal. Petitioner will
`present its primary argument first regarding the patentability of all claims at
`issue in each proceeding. Patent Owner will respond with its primary
`argument in response to Petitioner’s primary argument. Petitioner will
`present its rebuttal argument, limited to responding to Patent Owner’s
`responsive primary argument. Patent Owner will present its rebuttal, limited
`to responding to Petitioner’s rebuttal argument.
`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 (5) days before the
`hearing.
`Please unmute yourself only when speaking. The panel will have
`access to all papers filed with the Board, including demonstratives. During
`
`3
`
`
`
`PGR2019-00063
`Patent 10,316,510 B2
`
`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. 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.
`II. DEMONSTRATIVE EXHIBITS
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served on
`opposing counsel at least seven (7) business days before the oral hearing,
`and filed as an exhibit no later than the time of the oral hearing. The parties
`also shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least three (3) business days prior to the oral hearing by emailing
`the exhibits to PTABHearings@uspto.gov. Demonstrative exhibits in this
`proceeding are not evidence and are intended only to assist the parties in
`presenting their oral argument to the panel, and should be clearly marked as
`such. For example, each slide may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer. 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
`
`4
`
`
`
`PGR2019-00063
`Patent 10,316,510 B2
`
`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 January 27,
`2015) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits, which must include citations to the record.
`If either party objects to demonstrative exhibits, the parties shall meet
`and confer in good faith to resolve any such objections. A party may file a
`paper addressing any unresolved objections to demonstrative exhibits with
`the Board no later than three (3) business days before the oral hearing. The
`paper shall include a single sentence per objection stating the basis for that
`objection and be accompanied by a copy of the allegedly objectionable
`demonstrative exhibit that identifies the objectionable portion of the exhibit
`with particularity. No further argument or explanation is permitted. We will
`consider the objections and, if we deem it necessary, we will further address
`the objections in a conference call or at the oral hearing. Otherwise, we will
`reserve ruling on the objections until after the oral hearing.
`As noted above, the parties are also reminded that the presenter must
`clearly and specifically identify 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. The Board requests such identification
`for all exhibits discussed during oral argument in the interest of providing a
`clear record.
`
`5
`
`
`
`PGR2019-00063
`Patent 10,316,510 B2
`
`PETITIONER:
`Michelle Holoubek
`Sean Flood
`Ali H. Allawi
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`holoubek-ptab@sternekessler.com
`sflood-ptab@sternekessler.com
`aallawi-PTAB@sternekessler.com
`
`
`For PATENT OWNER:
`
`Kurt James
`Steven Levitt
`John Schroeder
`STINSON LLP
`kurt.james@stinson.com
`steven.levitt@stinson.com
`john.schroeder@stinson.com
`
`
`6
`
`
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