`________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`APPLE INC.,
`Petitioner
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-001061
`Patent 8,033,458 B2
`
`PATENT OWNER’S LIST OF PROPOSED MOTIONS
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`1 Case CBM2014-00107 has been consolidated with the instant proceeding.
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`
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`Case CBM2014-00106
`Patent 8,033,458
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`The Patent Trial and Appeal Board ("Board") has scheduled an initial
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`conference call for Wednesday, October 29, 2014. Pursuant to the Office Patent
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`Trial Practice Guide, 77 Fed. Reg. 48756, 48765-66 (Aug. 14, 2012), Patent Owner
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`submits the following list of proposed motions it is currently considering filing.
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`This list is provided without prejudice to Patent Owner’s right to seek
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`authorization to file additional motions or to decide not to file motions listed.
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`
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`I. Motions For Use of Video-Recorded Testimony
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`Pursuant to 37 CFR § 42.53(a), Patent Owner reserves the right to file
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`motions to submit video-recorded testimony.
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`II. Motions for Additional Discovery
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`
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`Patent Owner has requested that the Petitioner inform the Patent Owner
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`whether it will consent to additional discovery on the operation of systems and
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`software operated by Petitioner, but Patent Owner has not yet received a response
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`from Petitioner. Patent Owner reserves the right to file a motion for additional
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`discovery to obtain additional information on those systems and software operated
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`by Petitioner.
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`2
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`Case CBM2014-00106
`Patent 8,033,458
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`III. Additional Topics for Discussion at Initial Conference Call
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`Petitioner has filed a declaration in this proceeding and in multiple other
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`proceedings from the same declarant. Patent Owner intends to take the deposition
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`of the declarant and seeks to receive guidance from the Board as to what
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`procedures should be followed to allow a single deposition to be taken of the
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`declarant (and future declarants) such that a single deposition transcript can be
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`used in both proceedings (albeit filed separately in each proceeding).
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson &
`
`Gowdey, LLP
`4300 Wilson Blvd, Suite 700
`Arlington, VA 22203
`Telephone: (703) 894-6406
`Fax: (703) 894-6430
`Email: mcasey@dbjg.com
`
`
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`
`
`Dated: October 27, 2014
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`3
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`
`
`Case CBM2014-00106
`Patent 8,033,458
`
`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that this PATENT OWNER’S LIST OF
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`PROPOSED MOTIONS was served today, by agreement of the parties by
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`emailing a copy to counsel for the Petitioner as follows:
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`
`
`J. Steven Baughman (steven.baughman@ropesgray.com)
`Ching-Lee Fukuda (ching-lee.fukuda@ropesgray.com)
`ApplePTABService-SmartFlash@ropesgray.com
`Ropes & Gray LLP
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`
`
`
` /
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` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`4300 Wilson Blvd, Suite 700
`Arlington, VA 22203
`Telephone: (703) 894-6406
`Fax: (703) 894-6430
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
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`
`
`Dated: October 27, 2014
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`4
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