`Tel: 571-272-7822
`
`
`
`
`Paper 55, CBM2015-00015
`Paper 43, CBM2015-00018
`Entered: December 16, 2015
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.1,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`CBM2015-00015 (Patent 8,118,221 B2)
` CBM2015-00018 (Patent 7,942,317 B2) 2
`
`Before JENNIFER S. BISK, RAMA G. ELLURU,
`JEREMY M. PLENZLER, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`HEARING ORDER
`Request for Oral Argument
`
`
`
`1 Apple Inc. has been dismissed as Petitioner from these proceedings.
`CBM2015-00015, Paper 49, 8; CBM2015-00018, Paper 37, 8.
`2 This order addresses issues that are the same in all identified 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.
`
`
`
`CBM2015-00015 (Patent 8,118,221 B2)
`CBM2015-00018 (Patent 7,942,317 B2)
`
`
`Patent Owner’s, Smartflash LLC (“Smartflash”), requests for oral
`argument in CBM2015-00015 and CBM2015-00018 on January 6, 2015, are
`granted. Paper 393, 6; Paper 41, 2. The oral hearing for these two
`proceedings will commence at approximately 1:00 PM East Eastern
`Standard Time, on January 6, 2016, on the ninth floor of Madison Building
`East, 600 Dulany Street, Alexandria, Virginia. Smartflash will have 15
`minutes of total time to present arguments in both cases given that only one
`claim is at issue in each case. Because Apple Inc. was dismissed from these
`cases as Petitioner, Apple will not be permitted to participate in the hearing.
`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.
`The parties 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 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
`available to all of the judges, the parties are invited to contact the Board at
`
`
`3 Paper numbers refer to papers in CBM2015-00018.
`
`2
`
`
`
`CBM2015-00015 (Patent 8,118,221 B2)
`CBM2015-00018 (Patent 7,942,317 B2)
`
`(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 the judge participating
`in the hearing remotely to closely follow the presenter’s arguments.
`The Board expects lead counsel for Smartflash to be present in person
`at the oral hearing. However, lead or backup counsel may present the party’s
`argument. If Smartflash 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.
`
`
`
`3
`
`
`
`CBM2015-00015 (Patent 8,118,221 B2)
`CBM2015-00018 (Patent 7,942,317 B2)
`
`PETIONER (Dismissed):
`
`J. Steven Baughman
`Ching-Lee Fukuda
`Megan Raymond
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@ropesgray.com
`megan.raymond@ropesgray.com
`ApplePTABService-SmartFlash@ropesgray.com
`
`
`
`PATENT OWNER:
`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`mcasey@dbjg.com
`jsd@dbjg.com
`
`4
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