throbber
1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` -----------------------------x
` AMNEAL PHARMACEUTICALS, LLC,
` Petitioner
` CASES IPR2013-00368
` vs. IPR2013-00371
` IPR2013-00372
` SUPERNUS PHARMACEUTICALS, INC.
` Patent Owner
` -----------------------------x
`
` TELECONFERENCE BEFORE
` Judges Kamholz, Green, and Braden
` Wednesday, June 4, 2014
` 2:30 p.m.
`
`
`
` Reported by:
` Jennifer Ocampo-Guzman, CRR, CLR
` JOB NO. 34708
`
`

`

` JUDGE KAMHOLZ: Good afternoon.
` This is Judge Kamholz for the board.
` I'm joined by Judges Green and Braden.
` Is there a court reporter on the
` line?
` (Discussion off the record.)
` JUDGE KAMHOLZ: This conference
` call is in cases IPR2013-368, 371 and
` 372, Amneal v. Supernus. We have
` outstanding issues from both parties.
` Could you please start with a roll
` call.
` Petitioner?
` MS. ELLISON: Good afternoon, Your
` Honor. This is Eldora Ellison from
` Sterne, Kessler, Golstein & Fox and I
` have with me H. Keeto Sabharwal.
` MR. SABHARWAL: Good afternoon.
` JUDGE KAMHOLZ: And for patent
` owner?
` MR MAEBIUS: Good afternoon, Your
` Honor. This is Steve Maebius with Foley
` & Lardner on behalf of Supernus and also
` with me is Andy Baluch on behalf of
`
`4
`
`5
`
` Supernus.
` MR. MORRIS: And good afternoon,
` Your Honor. It's Greg Morris from Paul
` Hastings on behalf of Supernus.
` JUDGE KAMHOLZ: Thank you.
` If there is anyone else who will be
` speaking, please first identify the
` party that you represent.
` As I said, we have e-mail inquiries
` from both sides regarding issues in this
` case.
` Ms. Ellison, why don't we start
` with your e-mail, since that came in
` first. You had proposed to replace an
` exhibit; is that right?
` MS. ELLISON: It's not to replace
` an exhibit. It's just that through an
` unintentional clerical error we had not
` uploaded Exhibit 1025. This is an
` exhibit that has previously been served
` on the patent owner and the patent owner
` has stated that they don't oppose our
` request simply to file this exhibit.
` That's all we would like to do, Your
`2 (Pages 2 to 5)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`2
`
`
` TELEPHONIC APPEARANCES:
`
` On Behalf of Petitioner:
` STERNE, KESSLER, GOLDSTEIN & FOX, PLLC
` 1100 New York Avenue, NW
` Washington, DC 20005
` 202.371.2600
` BY: ELDORA L. ELLISON, PhD, ESQ.
` eellison@skgf.com
` H. KEETO SABHARWAL, ESQ.
` Keetos@skgf.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
` On Behalf of Patent Owner:
` PAUL HASTINGS, LLP
` 191 N. Wacker Drive
` 30th Floor
` Chicago, Illinois 60606
` 312.499.6000
` BY: GREGORY A. MORRIS, ESQ.
` gregorymorris@paulhastings.com
`
` FOLEY & LARDNER, LLP
` 3000 K Street, N.W.
` Suite 600
` Washington, DC 20007-5109
` 202.672.5300
` BY: STEPHEN B. MAEBIUS, ESQ.
` smaebius@foley.com
` ANDREW S. BALUCH, ESQ.
` abaluch@foley.com
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`

`

`6
`
`8
`
` in its patent owner's response, and as
` the board certainly understands and has
` stated in other cases, such as in the
` St. Jude versus University of Michigan
` IPR, a petitioner can't be expected to
` anticipate in its petition every
` counterargument that a patent owner
` might make in its response. That's IPR
` number 2013-00041, and as the board has
` noted, or I believe the board recognizes
` there have been a number of instances
` where the board has explained that they
` can deal with this issue as to whether
` there are new arguments raised in the
` reply, they can deal with this in the
` final written decision and we submit
` that that's appropriate here.
` For instance, in the Amkor v.
` Tessera IPR, that's IPR2013-00242, the
` board said we can discern this ourselves
` and figure it out in the final written
` decision.
` Likewise, in the Distinctive
` Developments v. Uniloc IPR, which is
`
`9
`
` IPR2013-00391, and the board also made
` such a determination in its final
` decision in the Corning v. DSM IPR,
` which is IPR2013-00047. And then even
` in CBMs, the board has noted it is
` perfectly capable of figuring this out
` in its final written decision, for
` instance, in the Liberty Mutual versus
` Progressive, CVM2012-00010.
` So we submit that there is no need
` for briefing on this issue at this
` point, Your Honor.
` JUDGE KAMHOLZ: Thank you, Ms.
` Ellison.
` Mr. Maebius, can you give me an
` example of perhaps the most egregious,
` in your view, violation of the rule?
` MR. MAEBIUS: Yes, Your Honor. I
` think I would defer this question to
` Mr. Morris, and it relates to Exhibit
` Number 1068.
` MR. MORRIS: Yes. Your Honor, this
` is Greg Morris for Supernus.
` Exhibit 1068 was an example that
`3 (Pages 6 to 9)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` Honor.
` JUDGE KAMHOLZ: That's fine with
` us. You may proceed.
` MS. ELLISON: Thank you.
` JUDGE KAMHOLZ: And that was all
` from you, correct?
` MS. ELLISON: That's right, Your
` Honor.
` Okay, Mr. Maebius?
` MR. MAEBIUS: Yes, Your Honor. We
` are requesting guidance on how we should
` go about pointing out certain exhibits
` and arguments that have been presented
` in petitioner's reply that are belated
` and could have been submitted earlier.
` This is among the four expert
` declarations and 80 new exhibits that
` were a part of their reply and we've
` seen that several different proceedings
` have handled this issue in different
` ways. So basically what we're asking
` for is authorization, regardless of what
` the paper may be styled, to file a very
` short, two-column paper that points out
`
`7
`
` which exhibits among the 80 new exhibits
` and arguments are belated and things
` that could have been presented earlier.
` And this is in accordance with the trial
` practice guide, which states that the
` petitioner's reply should not include
` arguments that go to the prima facie
` case of patentability or unpatentability
` or evidence that could have been
` presented in a prior filing.
` JUDGE KAMHOLZ: Understood. And I
` agree that there has been some
` differences among panels in how this
` issue has been handled.
` Ms. Ellison, do you have any
` comments?
` MS. ELLISON: Yes, Your Honor.
` First, with respect to the merits of
` their argument, we of course disagree
` that any of the evidence we submitted
` was necessary to make our prima facie
` case. This is quintessential
` impeachment or rebuttal evidence in
` response to arguments raised by Supernus
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`

`

`10
`
`12
`
` served almost three months after the
` board instituted trial in this matter,
` and it was in support of their patent
` owner response and it has to do with
` Exhibit 2016, Your Honor, is the
` declaration. This was an allegation
` that Dr. Rudnic made about the
` criticality of the ratio, and not only
` did we -- did we respond accordingly
` based on what he put in his declaration,
` but subsequently at his April 2014
` deposition, I asked him extensively
` about this issue. And this was used
` directly to impeach and undermine both
` the credibility, as well as the
` reliability of his statements, as well
` as the arguments accompanied by
` Supernus.
` So this is the most, quote/unquote,
` egregious example, this is
` quintessential impeachment and so,
` therefore, Your Honor, I would again
` echo Dr. Ellison's sentiments, that, if
` anything at all, the board can address
`
`13
`
` these issues in the final written
` decision. There is no need -- we
` already submitted extensive briefing on
` all of these issues to Your Honors and I
` don't think that we need to burden the
` board with any more paper.
` JUDGE KAMHOLZ: Thank you. The
` board will confer. We are going to go
` on mute and we will come back shortly.
` MS. ELLISON: Thank you.
` (The panel conferred off the
` record.)
` JUDGE KAMHOLZ: This is Judge
` Kamholz back on the line with Judges
` Green and Braden. Do I still have
` petitioner?
` MS. ELLISON: Yes, Your Honor.
` JUDGE KAMHOLZ: And patent owner?
` MR. MORRIS: Yes, Your Honor.
` MR. MAEBIUS: Yes, Your Honor.
` JUDGE KAMHOLZ: Thank you.
` The panel has discussed the issue
` and our view at this time is we do not
` require any submission from the patent
`4 (Pages 10 to 13)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` was raised for the first time in a Van
` Buskirk declaration that was submitted
` along with a reply. It was, although
` Amneal was aware of that reference
` during the litigation that was run in
` parallel with this action, it wasn't
` cited in Amneal's petition or in the
` initial Van Buskirk declaration, even
` though it could have been.
` JUDGE KAMHOLZ: This is a Williams
` paper?
` MR. MORRIS: This is a Williams
` paper, Your Honor, Exhibit 1068.
` And so the Exhibit 1068 was cited
` by Amneal in early 2013 in the district
` court litigation, as I was mentioning,
` in support of its opening expert report
` for Dr. Osberger (phonetic), in which
` the part of the allegations were the
` invalidity of the Chang '740 patent,
` just as it is here, and now they are
` in -- in Mr. Van Buskirk's reply report,
` in the reply itself, they're belatedly
` citing Exhibit 1068 in support of
`
`11
`
` Amneal's prima facie obviousness
` arguments, and also we object to the
` extent that this exhibit is, to the
` extent this is new alleged prior art
` that is not within ground 2, which is
` the ground that the board initiated on.
` JUDGE KAMHOLZ: Ms. Ellison?
` MS. ELLISON: My colleague, Mr.
` Sabharwal is going to respond.
` MR. SABHARWAL: Good afternoon,
` Your Honor. This is Keeto Sabharwal on
` behalf of petitioner.
` Your Honor, as Dr. Ellison said,
` any arguments that they are claiming are
` new, are quintessential impeachment
` evidence and appropriate rebuttal
` evidence directly in response to
` allegations made by Supernus, both in
` their patent owner response and in its
` declaration. And specifically with
` respect to Exhibit 1068, Your Honor, I
` point the court to paragraph 146 of the
` declaration of Edward Rudnic. This is a
` 200-plus-paragraph declaration that was
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`

`

`14
`
`16
`
` of record promptly, as well as our order
` which will be following in due course.
` MR. MAEBIUS: Thank you, Your
` Honor. Okay.
` JUDGE KAMHOLZ: Are there any other
` questions from either side? Ms.
` Ellison?
` MS. ELLISON: No, Your Honor.
` JUDGE KAMHOLZ: Mr. Maebius?
` MR. MAEBIUS: No.
` JUDGE KAMHOLZ: Did I hear a
` question?
` MR. MORRIS: I'm not sure, Your
` Honor. Is it only on this issue or we
` moving on to the next issue? I
` apologize, I didn't know if you meant --
` there was another issue on the call,
` Your Honor.
` JUDGE KAMHOLZ: Forgive me. Please
` proceed.
` MR. MORRIS: Your Honor, it's Greg
` Morris for Supernus, and we just wanted
` to raise a matter with you about
` deposition scheduling.
`
`17
`
` Amneal in its reply has submitted
` four declarations, and part of that
` reply, and the parties have not been
` able to agree on the deposition schedule
` for -- for those four experts. And the
` issue, Your Honor, is that we requested
` a specific sequence for those
` depositions to take place as set forth
` in the rules that we may choose the
` order in which those witnesses are to be
` examined; and Amneal has not provided
` dates that are in the order as we had
` requested. And that's even in light of
` the fact that when Amneal was trying to
` schedule the deposition of Supernus'
` witnesses, they asserted that same rule
` against us, and they requested a
` specific order and we then complied.
` But they threatened that if we did not
` provide that order, they would take the
` matter before the board.
` JUDGE KAMHOLZ: Is the issue here
` that there is not enough time or is it
` simply the order?
`5 (Pages 14 to 17)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` owner outlining his concerns with the
` reply and the evidence. The matter is
` really within the discretion of the
` panel and already goes to the merits of
` the case. So we will really have to
` address this as part of the final
` written decision, and that's how we
` would prefer to handle it at this point.
` We understand patent owner's
` concerns that there is material in the
` reply in their view they have to
` confront for the first time at this
` stage of the proceeding, but I think the
` petitioner has also explained that this
` may very well be impeachment evidence
` and the board, the panel will simply
` have to consider that as it deals with
` the case on the merits.
` We will, however, remind the
` petitioner that the purpose of the reply
` is to respond to arguments raised in the
` patent owner's response. And that's --
` a reply that raises new issues or
` belatedly raises new evidence will not
`
`15
`
` be considered and we will not
` distinguish proper portions of the reply
` from improper portions.
` In other words, the petitioner runs
` the risk of having the entire content of
` the reply and the evidence submitted
` with it not considered if any portion of
` it is not proper, proper reply evidence.
` I would like to make that clear.
` Do you understand that,
` Dr. Ellison?
` MS. ELLISON: Yes, I do, Your
` Honor. Thank you.
` JUDGE KAMHOLZ: Sure.
` And Mr. Maebius, is that clear to
` you as well?
` MR. MAEBIUS: Yes, we understand,
` Your Honor. I think we are just unsure
` of how to avoid some kind of waiver that
` presents us from raising the issue on
` appeal, if that were ever necessary.
` JUDGE KAMHOLZ: You have a
` transcript of this conference call,
` which I'm sure Ms. Ellison will be made
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`

`

`18
`
`20
`
` But under the current schedule, we
` could only -- we could only provide our
` witnesses, make our witnesses available
` in the order they asked for, for the
` first three, and the fourth witness
` would need to be deposed on the same day
` as the third witness. And it's just
` based on their availability, Your Honor;
` and frankly, since they mentioned their
` efforts to make their witnesses
` available, frankly, we've been much more
` accommodating than they were. Because
` in the seven weeks that they had to make
` their five witnesses available, they
` only offered us 13 days and we've
` offered ten in just a matter of few
` weeks for our witnesses.
` JUDGE KAMHOLZ: Well, I think what
` we would like to do then is allow you to
` stipulate the changes of due dates four
` and five, see if you can work it out,
` and if you are still having trouble,
` then come back to us.
` As I look, as I look at the
`
`21
`
` schedule for this case, we have oral
` argument scheduled for August 12th,
` which out of curiosity, do both parties
` expect to request oral argument?
` MS. ELLISON: Yes, sir, Your Honor.
` MR. MORRIS: Yes, Your Honor.
` JUDGE KAMHOLZ: I would suggest
` then, whatever you do as far as
` rescheduling dates four and five, please
` file your requests for oral argument by
` June 30th. That is due date four that
` is currently set, and there's a reason
` for that, it's simply logistics, so that
` we can plan for that, an hour of hearing
` room schedule.
` But otherwise, you may move due
` dates four and five as you like but no
` later than due date six.
` MR. MORRIS: Thank you, Your Honor.
` JUDGE KAMHOLZ: As I said, if that
` can't resolve the situation, then please
` do come back to us.
` MR. MORRIS: We appreciate that.
` JUDGE KAMHOLZ: There was another
`6 (Pages 18 to 21)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` MR. MORRIS: I think it's a little
` bit of both, Your Honor. I think we
` were trying to be reasonable with Amneal
` and one suggestion we had was that we
` would extend the period to take
` depositions or certainly raise that
` issue with the board, and we're amenable
` to doing that.
` But the other thing, Your Honor, is
` that we also, for -- strategically, we
` wanted to have a certain order of
` witnesses and that was something that
` Supernus would like to do.
` JUDGE KAMHOLZ: Well, we're coming
` up on due date four, on June 30th; is
` that right?
` MR. MORRIS: That's correct, Your
` Honor.
` JUDGE KAMHOLZ: If we give the
` parties leave to stipulate the changes
` of due dates four and five, will that
` help alleviate the situation?
` MR. MORRIS: From Supernus' point
` of view, I believe it would. But I
`
`19
`
` think, I guess we also have to hear from
` Amneal.
` JUDGE KAMHOLZ: Ms. Ellison?
` MS. ELLISON: It would probably
` help, Your Honor. Let me just state by
` way of background. Supernus, just a few
` days ago, identified the order in which
` they would like to depose our witnesses,
` and as I read it, we've offered in this
` rather short time period, which is just
` about a three-week deposition window, we
` have offered 13 different dates for our
` witnesses. And as I look at the sort of
` the matrix of availability of our
` witnesses, we could accommodate the
` order that they asked for, except that
` two of the witnesses would need to be
` deposed, the last two witnesses would
` need to be deposed on the same day. If
` we're able to adjust the schedule as you
` just authorized, I can go back to Mr.
` Green, the witness they hope to depose
` last, and see if he's available, given a
` new set of deadlines.
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`

`

`22
`
`24
`
` C E R T I F I C A T E
` STATE OF NEW YORK )
` : ss.
` COUNTY OF NEW YORK )
`
` I, Jennifer Ocampo-Guzman, a
` Notary Public within and for the State
` of New York, do hereby certify that the
` within is a true and accurate
` transcript of the proceedings taken on
` June 4, 2014.
` I further certify that I am not
` related to any of the parties to this
` action by blood or marriage and that I
` am in no way interested in the outcome
` of this matter.
` IN WITNESS WHEREOF, I have
` hereunto set my hand this 16th day of
` June 2014.
`
` ________________________________
` JENNIFER OCAMPO-GUZMAN, CRR, CLR
`
`12
`
`3
`4
`5
`
`67
`
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` matter I now see regarding a pending
` district court litigation. Would you
` like to take us through that?
` MR. MAEBIUS: Sure. We just wanted
` to point out that we had filed an
` updated notice concerning the dismissal
` of the litigation. So it's already been
` filed.
` JUDGE KAMHOLZ: Thank you.
` Has there been any progress, or I
` should say discussions regarding
` settlement of the IPR?
` MR. SABHARWAL: Your Honor, this is
` Keeto Sabharwal on behalf of the
` petitioner.
` We have had discussions, but
` unfortunately they were unavailing and
` as it stands right now, the parties are
` proceeding full speed ahead. There has
` been no recent discussion of resolution.
` JUDGE KAMHOLZ: Any comments from
` patent owner?
` MR. MAEBIUS: Nothing further from
` me, Your Honor.
`
`23
`
` JUDGE KAMHOLZ: All right. I think
` then those are all the issues for now.
` Is there anything else? Ms.
` Ellison?
` MS. ELLISON: Not from petitioner,
` Your Honor. Thank you very much.
` JUDGE KAMHOLZ: Mr. Maebius?
` MR. MAEBIUS: No, nothing further.
` Thank you.
` JUDGE KAMHOLZ: Thank you. The
` call is adjourned.
` (Time noted: 2:52 p.m.)
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`7 (Pages 22 to 24)
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`12
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`

`

`A
`abaluch@f...
`3:19
`able 17:5
`19:21
`accommod...
`19:16
`accommod...
`20:13
`accompanied
`12:18
`accurate
`24:10
`action 10:7
`24:15
`address
`12:25 14:7
`adjourned
`23:12
`adjust 19:21
`afternoon 4:2
`4:15,19,22
`5:3 11:11
`ago 19:8
`agree 7:13
`17:5
`ahead 22:20
`allegation
`12:7
`allegations
`10:20 11:19
`alleged 11:5
`alleviate
`18:23
`allow 20:20
`amenable
`18:8
`Amkor 8:19
`Amneal 1:5
`4:10 10:5
`10:16 17:2
`17:12,15
`18:4 19:3
`Amneal's
`10:8 11:2
`ANDREW
`3:18
`Andy 4:25
`
`anticipate 8:7
`apologize
`16:17
`appeal 1:2
`15:22
`APPEARA...
`2:2
`appreciate
`21:24
`appropriate
`8:18 11:17
`April 12:12
`argument
`7:20 21:3,5
`21:11
`arguments
`6:14 7:3,8
`7:25 8:15
`11:3,15
`12:18 14:22
`art 11:5
`asked 12:13
`19:17 20:5
`asking 6:22
`asserted
`17:17
`August 21:3
`authorizati...
`6:23
`authorized
`19:22
`availability
`19:15 20:9
`available
`19:24 20:4
`20:12,15
`Avenue 2:6
`avoid 15:20
`aware 10:5
`B
`B 3:16
`back 13:10
`13:15 19:22
`20:24 21:23
`background
`19:7
`Baluch 3:18
`
`4:25
`based 12:11
`20:9
`basically 6:22
`behalf 2:4 3:2
`4:24,25 5:5
`11:13 22:15
`belated 6:15
`7:3
`belatedly
`10:24 14:25
`believe 8:11
`18:25
`bit 18:3
`blood 24:15
`board 1:2 4:3
`8:3,10,11
`8:13,21 9:2
`9:6 11:7
`12:3,25
`13:7,9
`14:17 17:22
`18:8
`Braden 1:13
`4:4 13:16
`briefing 9:12
`13:4
`burden 13:6
`Buskirk 10:3
`10:9
`Buskirk's
`10:23
`C
`C 24:2,2
`call 4:9,13
`15:24 16:18
`23:12
`capable 9:7
`case 5:12 7:9
`7:23 14:6
`14:19 21:2
`cases 1:6 4:9
`8:4
`CBMs 9:6
`certain 6:13
`18:12
`certainly 8:3
`
`18:7
`certify 24:9
`24:13
`Chang 10:21
`changes
`18:21 20:21
`Chicago 3:6
`choose 17:10
`cited 10:8,15
`citing 10:25
`claiming
`11:15
`clear 15:10
`15:16
`clerical 5:19
`CLR 1:21
`24:23
`colleague
`11:9
`come 13:10
`20:24 21:23
`coming 18:15
`comments
`7:17 22:22
`complied
`17:19
`concerning
`22:7
`concerns
`14:2,11
`confer 13:9
`conference
`4:8 15:24
`conferred
`13:12
`confront
`14:13
`consider
`14:18
`considered
`15:2,8
`content 15:6
`Corning 9:4
`correct 6:7
`18:18
`counterarg...
`8:8
`COUNTY
`
`24:5
`course 7:20
`16:3
`court 4:5
`10:17 11:23
`22:3
`credibility
`12:16
`criticality
`12:9
`CRR 1:21
`24:23
`curiosity 21:4
`current 20:2
`currently
`21:13
`CVM2012-...
`9:10
`D
`date 18:16
`21:12,19
`dates 17:13
`18:22 19:13
`20:21 21:10
`21:18
`day 19:20
`20:7 24:19
`days 19:8
`20:16
`DC 2:7 3:14
`deadlines
`19:25
`deal 8:14,16
`deals 14:18
`decision 8:17
`8:23 9:4,8
`13:3 14:8
`declaration
`10:3,9
`11:21,24,25
`12:7,11
`declarations
`6:18 17:3
`defer 9:20
`depose 19:9
`19:23
`deposed
`
`
`DAVID FELDMAN WORLDWIDE, INC.DAVID FELDMAN WORLDWIDE, INC.
`
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`25
`
`19:19,20
`20:7
`deposition
`12:13 16:25
`17:5,16
`19:12
`depositions
`17:9 18:7
`determinat...
`9:3
`Developme...
`8:25
`differences
`7:14
`different 6:20
`6:21 19:13
`directly
`11:18 12:15
`disagree 7:20
`discern 8:21
`discretion
`14:4
`discussed
`13:23
`discussion
`4:7 22:21
`discussions
`22:12,17
`dismissal
`22:7
`Distinctive
`8:24
`distinguish
`15:3
`district 10:16
`22:3
`doing 18:9
`Dr 10:19
`11:14 12:8
`12:24 15:12
`Drive 3:4
`DSM 9:4
`due 16:3
`18:16,22
`20:21 21:12
`21:17,19
`E
`
`

`

`E 24:2,2
`earlier 6:16
`7:4
`early 10:16
`echo 12:24
`Edward
`11:24
`eellison@s...
`2:10
`efforts 20:11
`egregious
`9:17 12:21
`either 16:7
`Eldora 2:9
`4:16
`Ellison 2:9
`4:15,16
`5:13,17 6:5
`6:8 7:16,18
`9:15 11:8,9
`11:14 13:11
`13:18 15:12
`15:13,25
`16:8,9 19:4
`19:5 21:6
`23:5,6
`Ellison's
`12:24
`entire 15:6
`error 5:19
`ESQ 2:9,11
`3:8,16,18
`evidence 7:10
`7:21,24
`11:17,18
`14:3,16,25
`15:7,9
`examined
`17:12
`example 9:17
`9:25 12:21
`exhibit 5:16
`5:18,20,21
`5:24 9:21
`9:25 10:14
`10:15,25
`11:4,22
`12:6
`
`exhibits 6:13
`6:18 7:2,2
`expect 21:5
`expected 8:6
`expert 6:17
`10:18
`experts 17:6
`explained
`8:13 14:15
`extend 18:6
`extensive
`13:4
`extensively
`12:13
`extent 11:4,5
`e-mail 5:10
`5:14
`
`F
`F 24:2
`facie 7:8,22
`11:2
`fact 17:15
`far 21:9
`figure 8:22
`figuring 9:7
`file 5:24 6:24
`21:11
`filed 22:6,9
`filing 7:11
`final 8:17,22
`9:3,8 13:2
`14:7
`fine 6:3
`first 5:8,15
`7:19 10:2
`14:13 20:6
`five 18:22
`20:15,22
`21:10,18
`Floor 3:5
`Foley 3:11
`4:23
`following
`16:3
`Forgive
`16:20
`forth 17:9
`
`four 6:17
`17:3,6
`18:16,22
`20:21 21:10
`21:12,18
`fourth 20:6
`Fox 2:5 4:17
`frankly 20:10
`20:12
`full 22:20
`further 22:24
`23:9 24:13
`G
`give 9:16
`18:20
`given 19:24
`go 6:13 7:8
`13:9 19:22
`goes 14:5
`going 11:10
`13:9
`GOLDSTE...
`2:5
`Golstein 4:17
`good 4:2,15
`4:19,22 5:3
`11:11
`Green 1:13
`4:4 13:16
`19:23
`Greg 5:4 9:24
`16:22
`GREGORY
`3:8
`gregorymo...
`3:9
`ground 11:6
`11:7
`guess 19:2
`guidance
`6:12
`guide 7:6
`H
`H 2:11 4:18
`hand 24:19
`handle 14:9
`
`handled 6:21
`7:15
`Hastings 3:3
`5:5
`hear 16:12
`19:2
`hearing
`21:15
`help 18:23
`19:6
`hereunto
`24:19
`Honor 4:16
`4:23 5:4 6:2
`6:9,11 7:18
`9:13,19,23
`10:14 11:12
`11:14,22
`12:6,23
`13:18,20,21
`15:14,19
`16:5,9,15
`16:19,22
`17:7 18:3
`18:10,19
`19:6 20:9
`21:6,7,20
`22:14,25
`23:7
`Honors 13:5
`hope 19:23
`hour 21:15
`I
`identified
`19:8
`identify 5:8
`Illinois 3:6
`impeach
`12:15
`impeachme...
`7:24 11:16
`12:22 14:16
`improper
`15:4
`include 7:7
`initial 10:9
`initiated 11:7
`
`inquiries
`5:10
`instance 8:19
`9:9
`instances
`8:12
`instituted
`12:3
`interested
`24:16
`invalidity
`10:21
`IPR 8:6,9,20
`8:25 9:4
`22:13
`IPR2013-0...
`9:5
`IPR2013-0...
`8:20
`IPR2013-0...
`1:6
`IPR2013-0...
`1:7
`IPR2013-0...
`1:7
`IPR2013-0...
`9:2
`IPR2013-368
`4:9
`issue 6:21
`7:15 8:14
`9:12 12:14
`13:23 15:21
`16:15,16,18
`17:7,23
`18:8
`issues 4:11
`5:11 13:2,5
`14:24 23:3
`J
`Jennifer 1:21
`24:7,23
`JOB 1:22
`joined 4:4
`Jude 8:5
`Judge 4:2,3,8
`4:20 5:6 6:3
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`26
`
`6:6 7:12
`9:14 10:11
`11:8 13:8
`13:14,14,19
`13:22 15:15
`15:23 16:6
`16:10,12,20
`17:23 18:15
`18:20 19:4
`20:19 21:8
`21:21,25
`22:10,22
`23:2,8,11
`Judges 1:13
`4:4 13:15
`June 1:14
`18:16 21:12
`24:12,20
`K
`K 3:12
`Kamholz
`1:13 4:2,3,8
`4:20 5:6 6:3
`6:6 7:12
`9:14 10:11
`11:8 13:8
`13:14,15,19
`13:22 15:15
`15:23 16:6
`16:10,12,20
`17:23 18:15
`18:20 19:4
`20:19 21:8
`21:21,25
`22:10,22
`23:2,8,11
`Keeto 2:11
`4:18 11:12
`22:15
`Keetos@sk...
`2:12
`Kessler 2:5
`4:17
`kind 15:20
`know 16:17
`L
`
`

`

`L 2:9
`Lardner 3:11
`4:24
`leave 18:21
`Liberty 9:9
`light 17:14
`Likewise
`8:24
`line 4:6 13:15
`litigation
`10:6,17
`22:3,8
`little 18:2
`LLC 1:5
`LLP 3:3,11
`logistics
`21:14
`look 19:14
`20:25,25
`M
`Maebius 3:16
`4:22,23
`6:10,11
`9:16,19
`13:21 15:16
`15:18 16:4
`16:10,11
`22:5,24
`23:8,9
`marriage
`24:15
`material
`14:11
`matrix 19:15
`matter 12:3
`14:3 16:24
`17:22 20:17
`22:2 24:17
`meant 16:17
`mentioned
`20:10
`mentioning
`10:17
`merits 7:19
`14:5,19
`Michigan 8:5
`months 12:2
`
`Morris 3:8
`5:3,4 9:21
`9:23,24
`10:13 13:20
`16:14,22,23
`18:2,18,24
`21:7,20,24
`move 21:17
`moving 16:16
`mute 13:10
`Mutual 9:9
`N
`
`N 3:4
`necessary
`7:22 15:22
`need 9:11
`13:3,6
`19:18,20
`20:7
`new 2:6 6:18
`7:2 8:15
`11:5,16
`14:24,25
`19:25 24:3
`24:5,9
`Notary 24:8
`noted 8:11
`9:6 23:13
`notice 22:7
`number 8:10
`8:12 9:22
`NW 2:6
`N.W 3:12
`O
`object 11:3
`obviousness
`11:2
`Ocampo-G...
`1:21 24:7
`24:23
`offered 19:10
`19:13 20:16
`20:17
`OFFICE 1:1
`Okay 6:10
`16:5
`
`opening
`10:18
`oppose 5:23
`oral 21:2,5,11
`order 16:2
`17:11,13,19
`17:21,25
`18:12 19:8
`19:17 20:5
`Osberger
`10:19
`outcome
`24:16
`outlin

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket