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Case CBM2015-00133
`Patent 8,336,772
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`APPLE INC. and GOOGLE, INC.,
`Petitioners,
`
`v.
`
`SMARTFLASH LLC,
`Patent Owner.
`______________________
`
`Case CBM2015-001331
`Patent 8,336,772
`______________________
`
`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, Petitioners Apple Inc. (“Apple”) and
`
`Google, Inc. (“Google”) submit this Request for Oral Hearing on the instituted
`
`grounds of unpatentability for claims 2-4, 6, 7, 9, 11-13, 15-18, 20, 21, 23, 24, 27-
`
`29, 31, and 33-36 (all of the instituted claims) of U.S. Patent No. 8,336,772 under
`
`35 U.S.C. § 101 and associated issues. To account for the expected number of
`
`counsel (including litigation counsel in related district court proceedings) and party
`
`1 The challenge to claims 9 and 21 based on 35 U.S.C. § 101 in CBM2015-00132
`has been consolidated with this proceeding.
`
`

`
`Case CBM2015-00133
`Patent 8,336,772
`
`representatives, Petitioners respectfully request that the Oral Hearing for this
`
`proceeding take place in Courtroom A. In the event Courtroom A is not available,
`
`Petitioners respectfully request audio equipment enabling access to the Oral
`
`Hearing through a teleconference so that non-arguing counsel and/or party
`
`representatives may observe the Oral Hearing via teleconference. The Board has
`
`already scheduled the Oral Hearing in this proceeding for July 18, 2016, along with
`
`Oral Hearings in CBM2015-00123, CBM2015-00124, CBM2015-00127,
`
`CBM2015-00130, and CBM2015-00131, proceedings which were filed by Apple
`
`and involve related patents. See CBM2015-00123, Paper 8 at 6; CBM2015-00130,
`
`Paper 10 at 6; CBM2015-00133, Paper 10 at 2. Petitioners respectfully request that
`
`the oral arguments for all of these proceedings relating to the Smartflash patents
`
`that are scheduled for July 18, 2016 be grouped and presented together in one Oral
`
`Hearing. Petitioners further respectfully request equal amounts of argument time
`
`for Petitioners and for Patent Owner, and respectfully proposes one hour of
`
`argument time for Petitioners and one hour of argument time for Patent Owner in
`
`connection with the foregoing proceedings.
`
`Dated: June 13, 2016
`
`Respectfully submitted,
`
`
`By: /J. Steven Baughman/
`
`J. Steven Baughman (lead counsel)
`Reg. No. 47,414
`
`
`
`
`
`

`
`Case CBM2015-00133
`Patent 8,336,772
`
`
`
`
`
`
`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
`
`
`
`
`

`
`Case CBM2015-00133
`Patent 8,336,772
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that a copy of
`
`the
`
`foregoing
`
`PETITIONER’S REQUEST FOR ORAL HEARING was served on June 13, 2016,
`
`to the following counsel via e-mail, pursuant to the parties’ agreement concerning
`
`service:
`
`Michael R. Casey
`Wayne M. Helge
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7700
`Facsimile: (571) 765-7200
`mcasey@dbjg.com
`whelge@davidsonberquist.com
`SmartFlash-CBM@dbjg.com
`
`Attorneys for Patent Owner Smartflash LLC
`
`Raymond N. Nimrod
`Charles K. Verhoeven
`Melissa J. Baily
`Andrew M. Holmes
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`raynimrod@quinnemanuel.com
`QE-SF-PTAB-Service@quinnemanuel.com
`
`/s/ Sharon Lee
`Sharon Lee
`
`
`
`
`
`ROPES & GRAY LLP

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