Curt G. Joa, Inc. v. Fameccanica.data S.P.A.

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Trials@uspto.gov 	Paper 61
571-272-7822 	Entered: June 20, 2017
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
CURT G. JOA, INC.,
Petitioner,
v.
FAMECCANICA.DATA S.P.A.,
Patent Owner.
Case IPR2016-00906
Patent 6,994,761 B2
Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
JENNIFER MEYER CHAGNON, Administrative Patent Judges.
CHAGNON, Administrative Patent Judge.
ORDER
Conduct of the Proceedings
37 C.F.R. § 42.5
Oral Argument
37 C.F.R. § 42.70

IPR2016-00906
Patent 6,994,761 B2
The parties’ requests for oral hearing previously have been granted.
Paper 55. In our previous Order, we instructed the parties that because the
hearing is open to the public, confidential information is not to be discussed
during the hearing. We also previously instructed the parties that if either
party anticipated a need to substantively discuss information designated as
confidential during the hearing, we would consider requests to close a
portion of the hearing to the public. Paper 54. In a June 19, 2017 e-mail to
the Board, counsel for Patent Owner made such a request. Upon
consideration, and in view of Petitioner’s pending Motion to Seal, we grant
Patent Owner’s request, subject to the procedure explained below. Except as
changed herein, all other instructions in our previous Order regarding the
oral hearing remain in effect. See Paper 55.
Seating in the hearing room will be accommodated on a first-come,
first-served basis, until such time as the hearing room is closed to the public
for presentation of argument and evidence that discloses information that has
been designated as confidential in these proceedings. As previously ordered,
each side will have sixty (60) minutes total to present its argument. See id.
As set forth below, up to thirty (30) minutes of the total time allotted for the
oral hearing shall be closed to the public to provide an opportunity for
presentation of argument and evidence relating to confidential information.
After the parties’ presentations during the open portion of the hearing
(see id.), the courtroom shall be closed to persons not authorized to access
confidential information. The court reporter shall be directed to mark as
confidential the remaining portion of the transcript. The parties will each be
allocated up to fifteen (15) minutes of argument relating to confidential
information in a session closed to the public. The parties will proceed with
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IPR2016-00906
Patent 6,994,761 B2
their presentations during the closed session in the same order as set forth for
the oral hearing generally (see id.).
Either party may, at the beginning of the hearing, indicate it wishes to
allocate more of its time to the open portion of the hearing. Neither party,
however, shall be allotted more than fifteen (15) minutes during the closed
session, or more than sixty (60) minutes total. Time not used during the
open portion of the hearing may not be reserved for use during the closed
portion.
Further, the parties are directed to refrain from including information
designated as confidential in any demonstrative exhibit. During the portion
of the hearing that is closed to the public, either party may direct the panel to
specific confidential information being discussed by exhibit, page, and line
number in the record.
It is so ORDERED.
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IPR2016-00906
Patent 6,994,761 B2
PETITIONER:
Daniel R. Johnson
John M. Manion
Joseph A. Kromholz
Patrick J. Fleis
Mollie A. Newcomb
RYAN KROMHOLZ & MANION, S.C.
IPR@rkmiplaw.com
PATENT OWNER:
Pete G. Pappas
Ann G. Fort
Karissa F. Blyth
Robert R. L. Kohse
EVERSHEDS S UTHERLAND (US) LLP
petepappas@eversheds-sutherland.com
annfort@eversheds-sutherland.com
karissablyth@eversheds-sutherland.com
robkohse@eversheds-sutherland.com
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