Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper No.: 37
`Entered: November 16, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOSPIRA, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`Paper No.: 37
`Entered: November 16, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOSPIRA, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`
`Petitioner and Patent Owner requested oral hearing pursuant to
`
`37 C.F.R. § 42.70 in the above-referenced proceeding. Papers 31, 34. The
`
`parties’ requests for oral hearing are granted.
`
`The proceeding will commence at 1:00 PM on November 29, 2017,
`
`on the ninth floor of the Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. The Board will provide a court reporter for the
`
`hearing and the reporter’s transcript will constitute the official record of the
`
`hearing.
`
`The hearing room can accommodate the lead counsel and a back-up
`
`counsel for each party. Other members of the parties will be accommodated,
`
`based on space availability, on a first-come, first-served basis. The hearing
`
`will be open to the public for in-person attendance that also will be
`
`accommodated on a first-come, first-served basis.
`
`Each party will have forty-five (45) minutes of total oral argument
`
`time. Petitioner bears the ultimate burden of proof that the patent claims at
`
`issue in this review are unpatentable. Petitioner, therefore, will proceed first
`
`to present its case regarding the pending grounds of unpatentability.
`
`Thereafter, Patent Owner will have the opportunity to respond to Petitioner’s
`
`arguments. If desired, Petitioner may reserve rebuttal time to respond to
`
`arguments presented by Patent Owner. Patent Owner may not reserve
`
`rebuttal time.
`
`At least seven (7) business days before the hearing date, each party
`
`shall serve on the other party any demonstrative exhibit(s) it intends to use
`
`during the hearing. See 37 C.F.R. § 42.70(b). The parties also shall provide
`
`a courtesy copy of any demonstrative exhibits to the Board at least three (3)
`
`business days before the hearing by emailing them to Trials@uspto.gov.
`
`2
`
`
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`
`Absent prior authorization, the parties shall not file any demonstrative
`
`exhibit(s) with the Board.
`
`Demonstrative exhibits are not evidence, but are intended to assist the
`
`parties in presenting their oral arguments to the Board. Demonstrative
`
`exhibits may not introduce new evidence or raise new argument but, instead,
`
`should cite to evidence in the record. 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, 2014) (Paper 65), for
`
`guidance regarding the appropriate content of demonstrative exhibits.
`
`The Board expects that the parties will meet and confer in good faith
`
`to resolve any objections to demonstrative exhibits. For any objections that
`
`cannot be resolved after conferring, the parties may file jointly a one-page
`
`list of objections at least three (3) business days before the oral hearing. The
`
`list shall identify with particularity the portions of the demonstrative exhibits
`
`that are subject to objection and include a one-sentence statement of the
`
`basis for each objection. No argument or further explanation is permitted.
`
`The Board will consider any objections and schedule a conference call if
`
`deemed necessary. Otherwise, the Board will reserve ruling on the
`
`objections until the oral argument. Any objection to demonstrative exhibits
`
`that is not presented timely will be considered waived. Neither party shall
`
`be permitted to interrupt their opponent’s presentation to lodge objections to
`
`demonstrative exhibits during the oral hearing.
`
`Each party shall provide a hard copy of its demonstrative exhibits to
`
`the court reporter at the hearing. 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 court reporter’s transcript.
`
`3
`
`
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`
`The Board 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. If either party expects that its lead counsel will not be attending
`
`the oral argument, the parties should initiate a joint telephone conference
`
`with the Board no later than two (2) business days prior to the oral hearing to
`
`discuss the matter.
`
`Questions regarding specific audio-visual equipment shall be directed
`
`to the Board at 571-272-9797. Notwithstanding the parties’ statements in
`
`Papers 31 and 34, requests for audio-visual equipment are to be made no
`
`later than five (5) days before the oral hearing date in an email
`
`communication to Trials@uspto.gov. If a request is not received timely, the
`
`equipment may not be available on the day of the oral hearing.
`
`
`
`Accordingly, it is
`
`ORDERED that oral hearing, conducted pursuant to the procedures
`
`outlined above, shall commence at 1:00 PM EST on November 29, 2017, on
`
`the ninth floor of the Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia.
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2016-01837
`Patent 7,807,799 B2
`
`PETITIONER:
`
`Thomas Meloro
`Michael Johnson
`WILLKIE FARR & GALLAGHER LLP
`tmeloro@willkie.com
`mjohnson1@willkie.com
`
`PATENT OWNER:
`
`Thomas Fletcher
`Christopher Suarez
`WILLIAMS & CONNOLLY LLP
`tfletcher@wc.com
`csuarez@wc.com
`
`5
`
`
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