`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 18, CBM2015-00028
`Paper 18, CBM2015-00029
` Paper 18, CBM2015-00031
`Paper 18, CBM2015-00032
`Paper 18, CBM2015-00033
`Entered: July 1, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`
`CBM2015-00028 (Patent 7,334,720 B2)
`CBM2015-00029 (Patent 7,334,720 B2)
`CBM2015-00031 (Patent 8,336,772 B2)
`CBM2015-00032 (Patent 8,336,772 B2)
`CBM2015-00033 (Patent 8,336,772 B2)1
`
`
`
`
`
`
`
`Before JENNIFER S. BISK, RAMA G. ELLURU, GREGG I.
`ANDERSON, and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`ORDER
`
`
`1 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, except for the filing of the transcript of this teleconference.
`
`
`
`CBM2015-00028 (Patent 7,334,720 B2)
`CBM2015-00029 (Patent 7,334,720 B2)
`CBM2015-00031 (Patent 8,336,772 B2)
`CBM2015-00032 (Patent 8,336,772 B2)
`CBM2015-00033 (Patent 8,336,772 B2)
`
`
`An initial teleconference was held in these cases on June 29, 2015,
`among respective counsel for Petitioner Apple Inc. (“Apple”), Patent Owner
`Smartflash LLC (“Smartflash”), and Judges Elluru, Bisk, Clements, and
`Anderson. A court reporter transcribed the teleconference at the request of
`Smartflash. Apple and Smartflash submitted lists of proposed motions.
`Papers 16 and 17.2
`As noted, Apple already has authorization to file motions for pro hac
`vice admission. Paper 3. Apple further requested an expedited schedule in
`these trials to permit synchronization with Due Dates in the current schedule
`for CBM2015-00015, 16, 17, and 18. Given the number of patents and
`challenged claims in the trials at issue, we denied Apple’s request to
`expedite the schedules in the present cases.
` Patent Owner requested authorization to file a motion for “routine
`discovery” under 37 C.F.R. § 42.51(b)(1)(iii) to “compel the production of
`Apple’s litigation filings and reports relating to non-infringement and non-
`infringing alternatives” that Smartflash contends should have been served by
`Apple concurrently with its corrected Petition. Paper 16, 2. We denied
`Smartflash’s request for authorization to file a motion for routine discovery
`for the same reasons we denied a similar request in CBM2015-00015, 16,
`17, 18 (see CBM2015-00015, Paper 28) and CBM2014-00190, 192, 193,
`194, and 199 (see CBM2014-00190, Paper 13). We further encouraged the
`
`
`2 Paper numbers refer to papers in CBM2015-00028, unless otherwise
`specified.
`
`2
`
`
`
`CBM2015-00028 (Patent 7,334,720 B2)
`CBM2015-00029 (Patent 7,334,720 B2)
`CBM2015-00031 (Patent 8,336,772 B2)
`CBM2015-00032 (Patent 8,336,772 B2)
`CBM2015-00033 (Patent 8,336,772 B2)
`
`parities to meet and confer to determine whether they could reach a
`stipulation as to the alleged non-infringing alternatives to resolve this issue.
`Lastly, the parties agreed to take a single deposition of any declarant
`in all related cases such that a single deposition transcript can be used in all
`related proceedings, but filed separately in each proceeding. We are
`amenable to that agreement.
`
`It is:
`ORDERED that Smartflash shall file the transcript of the present
`teleconference in each of the cases identified above;
`FURTHER ORDERED that Apple’s request to expedite the schedules
`in these trials is denied;
`FURTHER ORDERED that Smartflash is not authorized to file a
`motion to compel routine discovery; and
`FURTHER ORDERED that the parties are authorized to take a single
`deposition of any declarant in all related cases such that a single deposition
`transcript can be used in all related proceedings, but filed separately in each
`proceeding.
`
`
`
`
`
`
`
`
`3
`
`
`
`CBM2015-00028 (Patent 7,334,720 B2)
`CBM2015-00029 (Patent 7,334,720 B2)
`CBM2015-00031 (Patent 8,336,772 B2)
`CBM2015-00032 (Patent 8,336,772 B2)
`CBM2015-00033 (Patent 8,336,772 B2)
`
`PETIONER:
`
`J. Steven Baughman
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@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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