`Patent 7,334,720 B2
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner
`______________________
`
`Case CBM2015-000291
`Patent 7,334,720 B2
`______________________
`
`Before the Honorable JENNIFER S. BISK, RAMA G. ELLURU, GREGG I.
`ANDERSON, and MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), requiring a separate paper requesting oral
`
`hearing and specifying issues to be argued, Petitioner Apple Inc. (“Apple”) submits
`
`this Request for Oral Hearing on the instituted grounds of unpatentability for
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`claims 3 and 15 (all of the instituted claims) of U.S. Patent No. 7,334,720 under 35
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`U.S.C. § 101 and associated issues. The Board scheduled the Oral Hearing in this
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`proceeding filed by Apple for January 6, 2016, along with Oral Hearings in
`
`CBM2015-00028 filed by Apple (consolidated with CBM2015-00125 filed by
`
`petitioner Google Inc. (“Google”)) involving the same ’720 patent; CBM2015-
`
`1 CBM2015-00125 has been consolidated with this proceeding.
`1
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`
`
`
`CBM2015-00029
`Patent 7,334,720 B2
`00031 filed by Apple (consolidated with CBM2015-00059 involving petitioners
`
`
`
`
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`Samsung Electronics America, Inc., Samsung Electronics Co., Ltd. (the “Samsung
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`Petitioners”)), CBM2015-00032 filed by Apple (consolidated with CBM2015-
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`00059 involving the Samsung Petitioners), and CBM2015-00033 filed by Apple
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`(consolidated with CBM2015-00059 involving the Samsung Petitioners) involving
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`related U.S. Patent No. 8,336,772; and CBM2014-00190 involving the Samsung
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`Petitioners (consolidated with CBM2015-00118 filed by Apple) involving the
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`same ’720 patent. See Paper 12 at 7; Paper 25 at 2; Paper 28 at 9-10; CBM2015-
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`00031, Paper 24 at 9. Petitioner respectfully suggests that the oral arguments for
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`all of these proceedings relating to these Smartflash patents that are now scheduled
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`for January 6, 2016 be grouped and presented similarly to the oral arguments
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`presented to the Board by Apple, the Samsung Petitioners, and Patent Owner on
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`November 9, 2015 in connection with other Smartflash patents. In particular,
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`Petitioner respectfully suggests that the proceedings involving Apple as the sole or
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`lead petitioner—i.e., CBM2015-00028, 29, and 31-33, together with consolidated
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`proceedings CBM2015-00059 and -00125—be argued first as one group, and that
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`the proceedings involving the Samsung Petitioners as lead petitioners—i.e.,
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`CBM2014-00190, together with consolidated proceeding CBM2015-00118—next
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`be argued separately as a second group. To account for the multiple proceedings
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`taking place on the same day, as well as the expected number of counsel (including
`
`2
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`
`
`CBM2015-00029
`Patent 7,334,720 B2
`litigation counsel in related district court proceedings) and party representatives for
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`
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`
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`each party, Petitioner further respectfully requests that, to the extent practicable,
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`the Oral Hearings for each above-listed proceeding take place in Courtroom A.
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`Dated: November 19, 2015
`
`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
`
`Mailing address for all correspondence: ROPES & GRAY LLP, IPRM –
`Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`
`
`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
`
`
`
`
`
`3
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`
`
`
`CBM2015-00029
`Patent 7,334,720 B2
`
`
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
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`that a copy of
`
`the
`
`foregoing
`
`PETITIONER’S REQUEST FOR ORAL HEARING was served on November 19,
`
`2015, to the following Counsel for Patent Owner via e-mail, pursuant to the
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`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
`
`/ Sharon Lee /___
`Sharon Lee
`
`ROPES & GRAY LLP
`
`
`
`
`
`
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