`________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`APPLE INC.,
`Petitioner (dismissed),
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2015-00018
`Patent 7,942,317 B2
`________________________
`
`PATENT OWNER’S PROVISION OF
`AVAILABLE DATES FOR HEARING
`
`
`
`
`
`
`
`By Order dated December 8, 2015 the Patent Trial and Appeal Board
`
`granted Patent Owner Smartflash LLC’s request for an oral hearing in CBM2015-
`
`00015 and CBM2015-00018. CBM2015-00015, Paper 51; CBM2015-00018,
`
`Paper 39. The Board ordered that by December 11, 2015, Patent Owner
`
`Smartflash provide dates and times between December 14 - 16 when it is available
`
`for an oral hearing. Id.
`
`In response to that Order, Patent Owner respectfully states as follows:
`
`1. Patent Owner respectfully requests that the Board schedule the date of the
`
`CBM2015-00015 and -00018 hearings for January 6, 2016 instead of next week.
`
`Patent Owner Smartflash will be before the Board in person for already scheduled
`
`hearings in CBM2014-00190 (Paper 32), CBM2015-00028 (Papers 12, 26), and
`
`CBM2015-00029 (Papers 12, 25), as well as CBM2015-00031 (Paper 12), -00032
`
`(Paper 12), and -00033 (Paper 12). Moreover, doing so will give Patent Owner
`
`more time to prepare in light of other preexisting deadlines (including a Federal
`
`Circuit argument on December 10, 2015, an interview at the Patent Office on
`
`December 15, 2015, and deadlines in CBM2015-00028, -00029, -00031, -00032,
`
`and -00033) as well as travel commitments that existed prior to the December 8
`
`Order. As noted at the November 9, 2015 hearing, Patent Owner advised it would
`
`need two weeks’ notice to prepare (CBM2015-00015, Paper 52 at 10:1-8;
`
`CBM2015-00018, Paper 40 at 10:1-8). The current schedule provides for the
`
`
`
`2
`
`
`
`hearing just 6 to 8 days after the Order granting the hearing, which is unduly
`
`prejudicial, especially in light of the already scheduled January 6, 2016 hearing
`
`which would be less prejudicial.
`
`2. In the alternative, and in compliance with the Board’s December 8, 2015
`
`Order, Patent Owner Smartflash provides the following dates and times between
`
`December 14 - 16 when it is available for an oral hearing:
`
`Tuesday, December 15, 2015 at 1pm - 4pm.
`
`Wednesday, December 16, 2015 at 1pm - 5 pm.
`
`
`
`Dated: December 11, 2015
`
`/ Michael R. Casey /
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PATENT OWNER’S
`
`PROVISION OF AVAILABLE DATES FOR HEARING in CBM2015-00018 was
`
`served today, as a courtesy to the dismissed party, by emailing a copy to counsel
`
`for the Petitioner as follows:
`
`
`
`
`J. Steven Baughman (steven.baughman@ropesgray.com)
`Ching-Lee Fukuda (ching-lee.fukuda@ropesgray.com)
`Megan Raymond (megan.raymond@ropesgray.com)
`ApplePTABService-SmartFlash@ropesgray.com
`
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`Dated: December 11, 2015
`
`
`
`
`
`
`
`4
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