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CBM2015-00016
`Patent 8,033,458 B2
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-00016
`Patent 8,033,458 B2
`______________________
`
`Before the Honorable JENNIFER S. BISK, RAMA G. ELLURU, JEREMY M.
`PLENZLER, and MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`Further to 37 C.F.R. § 42.70(a), requiring a separate paper requesting oral
`
`hearing and specifying issues to be argued, Petitioner submits this Request for Oral
`
`Hearing on the instituted grounds of unpatentability for claims 1, 6, 8, 10, and 11
`
`(all of the instituted claims) of U.S. Patent No. 8,033,458 under 35 U.S.C. § 101
`
`and associated issues. The Board scheduled the Oral Hearing in this proceeding
`
`for November 9, 2015, along with CBM2015-00015, CBM2015-00017, and
`
`CBM2015-00018 involving the same parties and related patents, CBM2014-00192
`
`(consolidated with CBM2015-00119) involving the same patent and additional
`
`petitioner Samsung, and CBM2014-00193 (consolidated with CBM2015-00120),
`1 
`
`
`

`
`CBM2015-00016
`Patent 8,033,458 B2
`CBM2014-00194 (consolidated with CBM2015-00117), and CBM2014-00199
`
`
`
`
`
`involving related patents and additional petitioner Samsung. See Paper 24 at 7;
`
`Paper 36 at 2. Apple respectfully suggests that, once the parties to the foregoing
`
`proceedings have had an opportunity to confer following the filing of all associated
`
`Requests for Oral Hearing, the parties and Board may benefit from a conference
`
`call to discuss the logistics for the coordination of proceedings scheduled for
`
`November 9, 2015. To account for the multiple proceedings taking place on the
`
`same day, as well as the expected number of counsel (including litigation counsel
`
`in related district court proceedings) and party representatives for each party,
`
`Petitioner further respectfully requests that, to the extent practicable, the Oral
`
`Hearings for each above-listed proceeding take place in Courtroom A.
`
`Dated: October 1, 2015
`
`
`
`
`
`Ching-Lee Fukuda (backup counsel)
`Reg. No. 44,334
`Ropes & Gray LLP
`1211 Avenue of the Americas
`New York, NY 10036
`P: 212-596-9336/ F:212-596-9000
`Ching-Lee.Fukuda@ropesgray.com
`
`Respectfully submitted,
`
`
`
`
`By: / J. Steven Baughman/
`
`J. Steven Baughman (lead counsel)
`Reg. No. 47,414
`
`Megan F. Raymond
`Reg. No. 72,997
`Ropes & Gray LLP
`2099 Pennsylvania
`Avenue, N.W.
`Washington, D.C. 20006- 6807
`P: 202-508-4606/ F: 202-383-8371
`Steven.Baughman@ropesgray.com
`Megan.Raymond@ropesgray.com
`
`
`
`
`2 
`
`
`

`
`CBM2015-00016
`Patent 8,033,458 B2
`Mailing address for all correspondence: ROPES & GRAY LLP, IPRM –
`Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`
`
`
`
`
`
`3 
`
`
`

`
`CBM2015-00016
`Patent 8,033,458 B2
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that a copy of
`
`the
`
`foregoing
`
`PETITIONER’S REQUEST FOR ORAL HEARING was served on October 1,
`
`2015, to the following Counsel for Patent Owner via e-mail, pursuant to the
`
`parties’ agreement concerning service:
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7700
`Facsimile: (571) 765-7200
`mcasey@dbjg.com
`jsd@dbjg.com
`docket@dbjg.com
`
`Attorneys for Patent Owner Smartflash LLC
`
`/ Megan Raymond /_____
`Megan F. Raymond
`
`
`
`ROPES & GRAY LLP
`
`
`
`
`

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