Trials@uspto.gov CBM2014-00192, Paper 37; CBM2014-00193, Paper 37
`Tel: 571-272-7822 CBM2014-00194, Paper 40; CBM2014-00199, Paper 36
`
`CBM2015-00015, Paper 41; CBM2015-00016, Paper 41
`
`CBM2015-00017, Paper 40; CBM2015-00018, Paper 33
`
`Entered: October 2, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`SAMSUNG ELECTRONICS CO., LTD., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`
`
`
`
`
`
`Cases
` CBM2014-001921, CBM2015-00016 (Patent 8,033,458)
`CBM2014-001932, CBM2015-00017 (Patent 8,061,598)
`CBM2014-001943, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`Before JENNIFER S. BISK, RAMA G. ELLURU,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`
`
`
`
`
`
`1 CBM2015-00119 has been consolidated with this proceeding.
`2 CBM2015-00120 has been consolidated with this proceeding.
`3 CBM2015-00117 has been consolidated with this proceeding.
`
`
`Tel: 571-272-7822 CBM2014-00194, Paper 40; CBM2014-00199, Paper 36
`
`CBM2015-00015, Paper 41; CBM2015-00016, Paper 41
`
`CBM2015-00017, Paper 40; CBM2015-00018, Paper 33
`
`Entered: October 2, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`SAMSUNG ELECTRONICS CO., LTD., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`
`
`
`
`
`
`Cases
` CBM2014-001921, CBM2015-00016 (Patent 8,033,458)
`CBM2014-001932, CBM2015-00017 (Patent 8,061,598)
`CBM2014-001943, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`Before JENNIFER S. BISK, RAMA G. ELLURU,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`
`
`
`
`
`
`1 CBM2015-00119 has been consolidated with this proceeding.
`2 CBM2015-00120 has been consolidated with this proceeding.
`3 CBM2015-00117 has been consolidated with this proceeding.
`
`
`
`CBM2014-00192, CBM2015-00016 (Patent 8,033,458)
`CBM2014-00193, CBM2015-00017 (Patent 8,061,598)
`CBM2014-00194, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`
`Samsung Electronics America, Inc. and Samsung Electronics Co.,
`
`Ltd. ( “Samsung”) and Smartflash LLC (“Smartflash” or “Patent Owner”)
`
`have each requested an oral hearing for covered business method patent
`
`review proceedings CBM2014-00192, CBM2014-00193, CBM2014-00194,
`
`and CBM2014-00199 pursuant to 37 C.F.R. § 42.70. Papers 33, 34.4
`
`Apple Inc. (“Apple”) and Smartflash have each requested an oral
`
`hearing for covered business method patent review proceedings CBM2015-
`
`00015, CBM2015-00016, CBM2015-00017, and CBM2015-00018. Papers
`
`37, 38.5
`
`Upon consideration by the panel, the parties’ requests are granted.
`
`The hearing will be held in two sessions:
`
`1. The first session will cover the oral hearing for CBM2015-00015,
`
`CBM2015-00016, CBM2015-00017, and CBM2015-00018, and
`
`will commence at 10:00 AM Eastern Standard Time, on November
`
`9, 2015, on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, Virginia. Apple and Smartflash will each have
`
`75 minutes6 of total time to present arguments on all four cases.
`
`2. The second session will cover the oral hearing for CBM2014-
`
`00192, CBM2014-00193, CBM2014-00194, and CBM2014-
`
`00199, and will commence at approximately 1:30 PM East Eastern
`
`Standard Time, on November 9, 2015, on the ninth floor of
`
`
`4 Paper numbers refer to papers in CBM2014-00192.
`5 Paper numbers refer to papers in CBM2015-00015.
`6 Patent Owner requested three hours per side for all eight related cases.
`Paper 38. Petitioner’s request did not specify an amount of time for
`argument. Paper 37.
`
`2
`
`
`
`CBM2014-00192, CBM2015-00016 (Patent 8,033,458)
`CBM2014-00193, CBM2015-00017 (Patent 8,061,598)
`CBM2014-00194, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`Samsung and Smartflash will each have 75 minutes of total time to
`
`present arguments on all four cases.
`
`In each session, the parties are free to divide the time among the four
`
`cases as they choose, and must make clear at all times for purposes of the
`
`transcript, the case(s) which they are discussing. Petitioner bears the
`
`ultimate burden of proof that Patent Owner’s claims at issue in this review
`
`are unpatentable and has the burden on its motion to exclude evidence.
`
`Petitioner will, therefore, begin by presenting its case regarding the
`
`challenged claims and grounds for which the Board instituted trial in the
`
`proceeding. Patent Owner will then respond to Petitioner’s arguments.
`
`Petitioner may reserve time to reply to arguments presented by Patent
`
`Owner. There is no motion to amend pending in any of the subject
`
`proceedings.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`provide a court reporter for the hearing, and the reporter’s transcript will
`
`constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five (5) business days before the hearing. The parties are directed to St. Jude
`
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65),
`
`regarding the appropriate content of demonstrative exhibits. The Board
`
`expects that the parties will meet and confer in good faith to resolve any
`
`objections to demonstrative exhibits, but if such objections cannot be
`
`3
`
`
`
`CBM2014-00192, CBM2015-00016 (Patent 8,033,458)
`CBM2014-00193, CBM2015-00017 (Patent 8,061,598)
`CBM2014-00194, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`resolved the parties may file any objections to demonstratives with the
`
`Board at least two business days before the hearing. The objections should
`
`identify with particularity which portions of the demonstrative exhibits are
`
`subject to objection, include a copy of the objected-to portions, and include a
`
`one-sentence statement of the reason for each objection. No argument or
`
`further explanation is permitted. The Board will consider any objections and
`
`schedule a conference call if deemed necessary. Otherwise, the Board will
`
`reserve ruling on the objections. Any objection to demonstrative exhibits
`
`that is not timely presented will be considered waived.
`
`The parties also shall provide the demonstrative exhibits to the Board
`
`at least two business days prior to the hearing by emailing them to
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`
`this case without prior authorization from the Board. A hard copy of the
`
`demonstratives should be provided to the court reporter at the hearing.
`
`The parties also should note that at least one member of the panel will
`
`be attending the hearing electronically from a remote location, and that if a
`
`demonstrative is not made fully available or visible to the judge participating
`
`in the hearing remotely, that demonstrative will not be considered. If the
`
`parties have questions as to whether demonstrative exhibits would be
`
`sufficiently visible and available to all of the judges, the parties are invited
`
`to contact the Board at (571) 272-9797. The parties are also reminded that
`
`the presenter must identify clearly and specifically each demonstrative
`
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`
`ensure the clarity and accuracy of the reporter’s transcript and the ability of
`
`4
`
`
`
`CBM2014-00192, CBM2015-00016 (Patent 8,033,458)
`CBM2014-00193, CBM2015-00017 (Patent 8,061,598)
`CBM2014-00194, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`the judge participating in the hearing remotely to closely follow the
`
`presenter’s arguments.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, lead or backup counsel may present the party’s
`
`argument. If either party anticipates that its lead counsel will not be
`
`attending the oral argument, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearing to discuss the matter.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made five (5) days in advance of the hearing date. The
`
`request is to be sent to Trials@uspto.gov. If the request is not received
`
`timely, the equipment may not be available on the day of the hearing.
`
`If any party has questions or concerns about the format of the hearing
`
`that it would like to raise with the panel, that party should request a
`
`conference no later than Monday, October 26, 2015.
`
`5
`
`
`
`CBM2014-00192, CBM2015-00016 (Patent 8,033,458)
`CBM2014-00193, CBM2015-00017 (Patent 8,061,598)
`CBM2014-00194, CBM2014-00199, CBM2015-00015 (Patent 8,118,221)
`CBM2015-00018 (Patent 7,942,317)
`
`
`PETITIONER:
`
`J. Steven Baughman
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@ropesgray.com
`
`
`
`PETITIONER:
`
`Walter Renner
`axf@fr.com
`
`Thomas Rozylowicz
`CBM39843-0003CP1@fr.com
`
`
`PATENT OWNER:
`
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`jsd@dbjg.com
`
`
`6
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