`Tel: 571-272-7822
`
`
`
`
`
`
`Paper 12 (CBM2014-00102)
`Paper 12 (CBM2014-00106)
` Paper 12 (CBM2014-00108)
` Paper 11 (CBM2014-00112)
`Entered: October 31, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`Cases1
`CBM2014-00102 (Patent 8,118,221 B2)
`CBM2014-00106 (Patent 8,033,458 B2)
`CBM2014-00108 (Patent 8,061,598 B2)
`CBM2014-00112 (Patent 7,942,317 B2)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Before RAMA G. ELLURU, JEREMY M. PLENZLER, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`
`1 This order addresses issues that are the same in all four cases. We exercise
`our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`CBM2014-00102 (Patent 8,118,221 B2)
`CBM2014-00106 (Patent 8,033,458 B2)
`CBM2014-00108 (Patent 8,061,598 B2)
`CBM2014-00112 (Patent 7,942,317 B2)
`
`
`
`ORDER
`
`
`
`An initial conference call was held on Wednesday, October 29, 2014,
`
`among Steven Baughman and Ching-Lee Fukuda, representing Petitioner;
`
`Michael Casey, representing Patent Owner, and Judges Bisk, Elluru,
`
`Plenzler, and Clements.
`
`Both Petitioner and Patent Owner filed a list of proposed motions.
`
`Papers 10 and 112. Petitioner indicated that it intended to file additional
`
`Covered Business Method petitions on October 30, 2014, to address non-
`
`instituted claims and raise additional grounds and move for joinder or at
`
`least coordination of schedules. We advised the parties that Petitioner could
`
`file a proposed schedule for those cases later in time, separately from the
`
`motions for joinder and/or coordination of schedules, so that Patent Owner
`
`could review the proposed schedule before it was filed.
`
`We encouraged the parties to meet and confer on the taking of and use
`
`of video recorded deposition testimony. We further advised the parties that
`
`if the parties agree to a single deposition for a declarant, the parties can
`
`submit the same deposition transcript in each of the cases without our
`
`authorization. We encouraged the parties to keep such a transcript clear as
`
`to which proceeding is at issue during the deposition.
`
`The parties did not raise any issues with the current Scheduling Order.
`
`
`
`
`2 Paper numbers refer to the CBM2014-00102 case.
`
`2
`
`
`
`CBM2014-00102 (Patent 8,118,221 B2)
`CBM2014-00106 (Patent 8,033,458 B2)
`CBM2014-00108 (Patent 8,061,598 B2)
`CBM2014-00112 (Patent 7,942,317 B2)
`
`PETITIONER:
`
`J. Steven Baughman
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@ropesgray.com
`
`
`PATENT OWNER:
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`jsd@dbjg.com
`
`3
`
`
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