`U.S. Patent No. 8,118,221 B2
`
`
`
`
`
`Attorney Docket No.
`104677-5008-813
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00015
`Patent 8,118,221 B2
`______________________
`
`
`
`
`
`PETITIONER’S PROPOSED SCHEDULE
`
`Concurrent with the filing of the petition in the present matter, Petitioner filed
`
`a Motion for Joinder or, in the Alternative, for Coordination of Schedule (Paper 3),
`
`seeking to join, or at minimum coordinate, the present proceeding and CBM2014-
`
`00102, which also concerns U.S. Patent No. 8,118,221. As indicated in that motion,
`
`and consistent with guidance provided by the Board on October 29, 2014, during the
`
`initial conference call in Apple Inc. v. Smartflash LLC, CBM2014-00102, Paper 12 at 2,
`
`counsel for Petitioner has conferred with counsel for Patent Owner regarding a pro-
`
`posed schedule, but agreement was not reached. Accordingly, Petitioner provides be-
`
`low Petitioner’s proposed schedule for joined proceedings, and an alternative proposal
`
`for a coordinated schedule if joinder is not granted.
`
`
`
`CBM2015-00015
`U.S. Patent No. 8,118,221 B2
`
`
`
`
`
`Due Date 1
`
`Patent owner’s response to the
`petition
`
`Patent owner’s motion to amend
`the patent
`
`
`
`
`Attorney Docket No.
`104677-5008-813
`
`Current
`Schedule in
`CBM2014-
`00102, -00106,
`-00108, -00112
`
`Petitioner’s
`Proposal for
`Schedule with
`Joinder
`
`Petitioner’s
`Alternative
`Proposal for
`Coordinated
`Schedule
`(CBM2015-
`00015)
`
`Dec. 22, 2014 March 2, 2015
`(assuming insti-
`tution decision
`circa Jan. 9,
`2015)
`
`March 2, 2015
`(assuming insti-
`tution decision
`circa Jan. 9,
`2015)
`
`Due Date 2
`
`March 16, 2015 April 20, 2015 April 6, 2015
`
`Petitioner’s reply to patent own-
`er’s response to petition
`
`Petitioner’s opposition to motion
`to amend
`
`Due Date 3
`
`April 14, 2015 May 18, 2015 May 4, 2015
`
`Patent owner’s reply to petition-
`er’s opposition to motion to
`amend
`
`Due Date 4
`
`May 5, 2015
`
`June 8, 2015
`
`May 25, 2015
`
`Motion for observation regarding
`cross-examination of reply wit-
`ness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`
`
`2
`
`
`
`CBM2015-00015
`U.S. Patent No. 8,118,221 B2
`
`Due Date 5
`
`Response to observation
`
`Opposition to motion to exclude
`
`
`
`
`Attorney Docket No.
`104677-5008-813
`
`May 19, 2015
`
`June 15, 2015
`
`June 1, 2015
`
`Due Date 6
`
`May 26, 2015
`
`June 19, 2015
`
`June 5, 2015
`
`Reply to opposition to motion to
`exclude
`
`Due Date 7
`
`June 9, 2015
`
`June 23, 2015
`
`June 9, 2015
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`By:/J. Steven Baughman/
`J. Steven Baughman (Lead Counsel)
`Megan Raymond
`ROPES & GRAY LLP
`
`
`
`
`
`
`November 6, 2014
`
`
`Ching-Lee Fukuda (Backup Counsel)
`ROPES & GRAY LLP
`
`
`Mailing address for all PTAB correspondence: ROPES & GRAY LLP,
`IPRM – Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`Attorneys for Petitioner Apple Inc.
`
`
`
`3
`
`
`
`CBM2015-00015
`U.S. Patent No. 8,118,221 B2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Attorney Docket No.
`104677-5008-813
`
`The undersigned hereby certifies that a copy of PETITIONER’S PROPOSED
`
`SCHEDULE was served on November 6, 2014, by causing the aforementioned doc-
`
`ument to be deposited in the United States Postal Service as Express Mail postage
`
`pre-paid in an envelope addressed to:
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`4300 Wilson Blvd., 7th Floor
`Arlington, VA 22203
`
`(Label No. EF 070 057 744 US)
`
`Attorneys for Patent Owner Smartflash LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/Darrell W. Stark
`Darrell W. Stark
`
`ROPES & GRAY LLP
`
`
`
`
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