PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` SEQUENOM, INC.
` Petitioner,
` v.
` THE BOARD OF TRUSTEES OF
` THE LELAND STANFORD JUNIOR UNIVERSITY
` Patent Owner.
` Case IPR2013-00390
` Patent 8,195,415
`
` Friday, February 21, 2014
` Conference call in the above-entitled
`matter, reported by SUSAN L. CIMINELLI, CRR, RPR, a
`Notary Public in and for the Commonwealth of
`Virginia, commencing at 4:00 p.m.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`SEQUENOM EXHIBIT 1014
`Sequenom v. Stanford
`Trial IPR2013-00390
`
`Page 1 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`APPEARANCES:
` ADMINISTRATIVE PATENT JUDGES LORA M. GREEN,
` FRANCISCO C. PRATS, SCOTT E. KAMHOLZ
`
`2
`
` On behalf of the Petitioner:
` STEVEN P. O'CONNOR, ESQUIRE
` MICHELE C. BOSCH, ESQUIRE
` Finnegan, Henderson, Farabow, Garrett &
` Dunner, LLP
` 901 New York Avenue, N.W.
` Washington, D.C. 20001-4413
` (202) 408-4000
` steven.oconnor@finnegan.com
` michele.bosch@finnegan.com
`
` On behalf of the Patent Owner:
` R. DANNY HUNTINGTON, ESQUIRE
` Rothwell, Figg, Ernst & Manbeck, P.C.
` 607 14th Street, N.W.
` Suite 800
` Washington, D.C. 20005
` (202) 783-6040
` dhuntington@rfem.com
` ALSO PRESENT:
` John Peterson, Esquire, In-house counsel,
` Sequenom
`
`1
`
`2
`
`3
`
`4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 2 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`3
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` P R O C E E D I N G S
` JUDGE GREEN: This is Judge Green. I
`should have Judges Prats and Kamholz with me as well.
`Who do I have for Petitioner?
` MR. O'CONNOR: Good afternoon, Your Honor,
`this is Steve O'Connor for the Petitioner, Sequenom.
`We also have on the call Michelle Bosch, my
`co-counsel, and John Peterson, who is in-house
`counsel at Sequenom, and we also have a court
`reporter on the line.
` JUDGE GREEN: I'm assuming you will file a
`copy of the transcript as an exhibit in due course.
` MR. O'CONNOR: Yes, Your Honor.
` JUDGE GREEN: And then who do I have for
`Patent Owner? Do we have anybody from Patent Owner
`on the line yet? I guess we'll give it another
`couple minutes to see if somebody from Patent Owner
`shows up.
` MR. HUNTINGTON: Hello, Your Honor, this
`is Danny Huntington. I just joined the call.
` JUDGE GREEN: Are you the only
`representative for Patent Owner?
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 3 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`4
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` MR. HUNTINGTON: Yes.
` JUDGE GREEN: Okay. And you understand
`that there is also a court reporter on the line.
` MR. HUNTINGTON: I understood that from
`the conversation I just heard. Yes.
` JUDGE GREEN: Okay. And then Petitioner
`will be filing a transcript as an exhibit. It's my
`understanding that Patent Owner requested the
`conference call. Would Patent Owner like to begin?
` MR. HUNTINGTON: Yes, Your Honor. On --
`well, you may remember that we had a conference call
`on the 6th of January in which we pointed out that
`there is a -- there are corresponding proceedings and
`an interference going on with respect to this
`proceeding, and we talked about the effect of that.
`And you said that you would check with the judge
`handling -- check again, I should say, with the judge
`handling the interference to see whether it made
`sense to delay things. And you indicated it did not.
` And there was also the outstanding request
`for reconsideration which you ruled on on January 13.
`And in that, you indicated that the request for
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 4 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`5
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`reconsideration was denied because you said that the
`provisional application was available through the
`corporation by reference, and so there was no need to
`have separate authorization for that. So as soon as
`we kind of digested that, I sent an email to
`Mr. O'Connor saying we wanted to cross-examine Dr.
`Gabriel, but we'd like to schedule it after the 21st
`of February. And the reason for that is the hearing
`on that interference is next Tuesday, the 25th.
` JUDGE GREEN: Had you had any discussions
`with Petitioner before that time with the
`understanding that you may have to adjust --
`stipulate to adjustments to due dates 1 through 3?
` MR. HUNTINGTON: No. Nothing other than
`what we had in the telephone call. I think we -- you
`had indicated that if there was a delay on the --
`with respect to the issuance of the request for
`reconsideration, that there was plenty of time in the
`schedule. And also, of course, we did not, we said
`we are not going to cross -- we are not going to
`amend the claims. And so necessarily, one of the
`dates drops out anyway. But to answer your exact
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 5 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`6
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`question, I had not done that prior to the February
`6th email.
` JUDGE GREEN: Okay. Thank you.
` MR. HUNTINGTON: And so I sent that email,
`and I heard nothing on it, assuming that that -- that
`we would continue cooperating as we had in the other
`interferences, where he is backup counsel to
`Ms. Bosch until -- and so on Sunday the 16th, I sent
`the reminder email that you saw on the attachment
`saying that I realized that Dr. Gabriel is busy
`because it's been difficult in previous times.
` One of the reasons that the schedule kind
`of moved along is often the very limited time for her
`availability between work, and she is also a single
`mother, so that she may be busy and you've not been
`able to obtain dates from her yet, but would you
`please acknowledge receipt of the email below.
` And on Monday the 17th, I got the email
`with the apology for responding, and said that they
`had reached out to Dr. Gabriel to explore her
`availability after February 21st, and she indicated
`she is not available until after the 24th and has
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 6 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`7
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`identified several days in March when she is
`available and talked about noting what the due dates
`were, and then said, please let us know what your
`plans are.
` I then, based upon the fact that we have
`the hearing coming up next Tuesday, suggested -- just
`so that I had no dates to work with, suggested
`Friday, March 14 for deposing Dr. Gabriel, and then
`moving the due date on to March 28th which would be
`two weeks later, and then said that I assumed that
`they would want to move the due date a similar
`amount, but the 14th wasn't available, to suggest
`dates that would be available.
` And the response I got was that there
`wasn't going to be any cross-examination because my
`time had already run. And it seems to me that if
`they were going to take the position that I had to do
`it within the time, that they could have told me that
`immediately, and there would have been time for the
`cross-examination.
` By waiting and only responding to my email
`after the time for cross-examination had run, they
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 7 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`8
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`basically left me with no alternatives. And as far
`as -- you know, there is no -- no deadline for me
`requesting it. I realized it needed to be reasonable
`in this regard, but I kind of feel like -- that just
`common courtesy would suggest that if they are not
`going to respond to my emails, then they should
`accommodate movement in the schedule.
` JUDGE GREEN: I think I understand your
`concern. Let's go to Petitioner. What's petition's
`response?
` MR. O'CONNOR: Your Honor, several points
`in response. As Mr. Huntington indicated, we
`discussed in the conference call on the 6th whether
`or not there was a possibility of moving the due date
`for the Patent Owner's statement, and he did also
`raise the question of the pending request for
`rehearing and having an impact on the scope of the
`cross-examination he might want to conduct.
` So on the 13th, that issue got resolved
`because we got the order denying the request for
`reconsideration. The 13th was six months -- or
`excuse me, six weeks before the due date for the
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 8 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`9
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`Patent Owner's statement, and five weeks before the
`closing date for cross-examination.
` And then the very next day, we got the
`order from the Board that they had considered the
`request to move the due date, the Patent Owner's
`statement and there was a decision made not to move
`the date. At that point, if I had been the Patent
`Owner's attorney, I would have reached out right away
`with two questions. The first one being, are you
`willing to stipulate to extend my due date from
`February 24th to some future date. And if the answer
`to that is no, I'm giving you notice that we want to
`take the cross-examination of Dr. Gabriel and provide
`some dates for us when we can do that before the
`period for cross closes.
` And instead of that happening, nothing
`happened, for three weeks and two days basically,
`when Mr. Huntington sent his email. At that point,
`there were six business days left in the period for
`cross, and although Mr. Huntington asserted that that
`was sufficient time to have the cross, it's actually
`not because Board rule 42.53(d)(4) says, the party
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 9 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`10
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`seeking the deposition must file a notice of the
`deposition at least 10 business days before a
`deposition.
` And at that point, there was not 10 days
`left. So when I got Mr. Huntington's email, what it
`said was inquired as to dates after February 21st.
`We had a call with Judge Katz the day after he sent
`his email to discuss the hearing in the
`interferences, and he indicated that we would have a
`discussion after the phone call with Judge Katz.
` That discussion with the judge took place
`on the 7th as scheduled, and Mr. Huntington never
`called for the discussion, and so I waited. And when
`he finally sent the second email on the 16th at 11
`p.m., I realized the discussion wasn't going to
`happen until I responded. And given the
`circumstances, it's difficult to see, to the extent
`Mr. Huntington is asking for some extension, why that
`should be granted.
` JUDGE GREEN: So I guess your solution to
`this is not to provide Patent Owner an opportunity to
`rely on -- to cross-examine an expert on whose
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 10 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`11
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`declaration you rely heavily?
` MR. O'CONNOR: Well, I think, Your Honor,
`he had the opportunity to do that and let nearly two
`months go by from the institution of the IPR before
`he first even requested the opportunity to take her
`deposition. And when he asked for that opportunity,
`he asked for dates essentially after the due date for
`his Patent Owner's date. And so it's not clear to me
`why that isn't the right outcome.
` JUDGE GREEN: Well, I mean, these
`proceedings are important proceedings, and honestly,
`we as the Board are trying to come to the best result
`we can. How much weight can we give a declaration
`where we have no cross-examination, when we do have
`some wiggle room in the schedule because we don't
`have a motion to amend, why -- you know, the
`cross-examination also helps us to understand what's
`going on as well.
` MR. O'CONNOR: Well, then -- then I guess
`it's also unfortunate because we had a deposition of
`Dr. Gabriel in the interferences on December 20th.
`It probably would have been a good idea to do the two
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 11 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`depositions back to back. But it sounds like Your
`Honor is willing to grant some sort of relief, and I
`don't know that --
` JUDGE GREEN: I would like the parties to
`come to an agreement because that's the best way to
`go. I mean, if I have to split the baby and say, you
`know, Mr. Huntington, you don't get your
`cross-examination, but then again, we are not going
`to give much weight to a declaration to which we
`don't have cross-examination of, I don't think that's
`in the interest of either party.
` We -- we -- a lot of our standards are in
`the interest of justice, and to -- in my view, it is
`really in the interest of justice to go ahead and use
`some of this wiggle room we have since we don't have
`a motion to amend coming in, and just to get this
`done.
` And like I said, my preference would be
`for Patent Owner and Petitioner, I think that there
`was misunderstandings and I think I understand such
`misunderstandings on both sides. And my preference
`is for you to work it out amongst yourselves.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 12 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`Because you understand your availabilities and
`everything else, and you understand more about the
`way you're going with this, but I mean, we do have a
`declaration that was relied upon heavily, and we do
`have some time in the schedule that we can get this
`done, so if you were in my position, what would you
`do?
` MR. O'CONNOR: So Mr. Huntington and I
`will have a discussion. It sounds like that's where
`we are heading.
` JUDGE GREEN: That would be my preference.
` MR. HUNTINGTON: Your Honor, I would just
`--
` JUDGE GREEN: And have a discussion sooner
`rather than later.
` MR. HUNTINGTON: I was simply going to
`comment, Your Honor, that if Mr. O'Connor and whoever
`else he would like to have would like to call me
`right now, we can go through the dates that he has
`and work it out. I'd be pleased to have the
`conversation with him as soon as this call is over.
` JUDGE GREEN: And then come to a
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 13 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`14
`stipulation of how you're going to change due dates 1
`through 3, and file the stipulation with the Board.
` MR. O'CONNOR: Danny, before we have that
`conversation, since the information from Dr. Gabriel
`is roughly two weeks out of date, I should probably
`turn back to her before you and I pick dates.
` MR. HUNTINGTON: That's fine with me.
`Just send me an email when you'd like to talk.
` JUDGE GREEN: Patent Owner, anything
`further at this point?
` MR. O'CONNOR: No, Your Honor.
` JUDGE GREEN: Petitioner?
` MR. HUNTINGTON: No, Your Honor.
` JUDGE GREEN: Thank you very much and have
`a good weekend.
` (Whereupon, at 4:14 p.m., the conference
`call adjourned.)
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 14 of 19
`
`

`

`CERTIFICATE OF REPORTER
`
`I, Susan L. Ciminelli, Registered Professional Reporter and Notary Public if applicable) in
`and for the Commonwealth of Virginia,
`the officer before whom the proceedings were taken, do hereby certify that the foregoing
`transcript is a true and correct record of these proceedings; that said proceedings were taken in
`Stenotype notes by me on the 21st day of February, 2014 at the Law Office of Finnegan,
`Henderson, Farabow, Garrett & Dunner, LLP, 901 New York Avenue, NW, Washington DC
`20001, commencing at 4:00 p.m. and ending at 4:14p.m.
`
`I further certify that present on behalf of Petitioner Sequenom, was
`Steven P. O'Connor, Esq. and Michele C. Bosch, Esq. of Finnegan, Henderson, Farabow, Garrett
`& Dunner, LLP and present on behalf of Party The Board of Trustees of The Leland Stanford
`Junior University was R. Danny Huntington, Esq. of Rothwell, Figg, Ernst & Manpeck P.C., and
`John Peterson, In-house Counsel for Sequenom.
`
`I further certify that I am not related to, nor associated with any of the parties or
`their attorneys, nor do I have any disqualifying interest, personal or financial in the actions
`within.
`
`Dated this 24th day of February, 2014 at Fairf=-~unty, Virginia.
`
`/
`
`Susan L. Ciminelli
`
`(/
`
`,
`
`----"-"~~:1:-.t:i.U,-ati -J-£~~~L L~- __../
`
`My Commission Expires: 4/30/17
`Notary Registration Number 177349
`
`Page 15 of 19
`
`

`

`
`PATENT IPR2013-00390PATENT IPR2013-00390
`
`February 21, 2014 Conference CallFebruary 21, 2014 Conference Call
`
`1
`
`A
`able 6:16
`aboveentitled
`1:14
`accommodate
`8:7
`acknowledge
`6:17
`actions 15:9
`adjourned
`14:17
`adjust 5:12
`adjustments
`5:13
`administrative
`2:2
`afternoon 3:5
`agreement 12:5
`ahead 12:14
`alternatives 8:1
`amend 5:21
`11:16 12:16
`amount 7:12
`answer 5:22
`9:11
`anybody 3:15
`anyway 5:22
`apology 6:19
`appeal 1:2
`appearances 2:1
`applicable 15:2
`application 5:2
`asked 11:6,7
`asking 10:18
`asserted 9:20
`associated 15:9
`assumed 7:10
`assuming 3:11
`6:5
`attachment 6:9
`attorney 9:8
`attorneys 15:9
`
`authorization
`5:4
`availabilities
`13:1
`availability 6:14
`6:21
`available 5:2
`6:22 7:2,12,13
`avenue 2:8 15:4
`B
`baby 12:6
`back 12:1,1 14:6
`backup 6:7
`based 7:5
`basically 8:1
`9:17
`behalf 2:5,12
`15:6,7
`best 11:12 12:5
`board 1:2,7 9:4
`9:22 11:12
`14:2 15:7
`bosch 2:6,10 3:7
`6:8 15:6
`business 9:19
`10:2
`busy 6:10,15
`C
`c 2:3,6,8,13,15
`3:1 15:6,7,11
`call 1:14 3:7,20
`4:9,11 5:15
`8:13 10:7,10
`13:18,21 14:17
`called 10:13
`case 1:10
`certificate 15:1
`certify 15:3,6,9
`change 14:1
`check 4:16,17
`ciminelli 1:15
`
`15:2,15
`circumstances
`10:17
`claims 5:21
`clear 11:8
`closes 9:15
`closing 9:2
`cocounsel 3:8
`com 2:9,10,16
`come 11:12 12:5
`13:22
`coming 7:6
`12:16
`commencing
`1:17 15:5
`comment 13:17
`common 8:5
`commonwealth
`1:16 15:2
`concern 8:9
`conduct 8:18
`conference 1:14
`4:9,11 8:13
`14:16
`considered 9:4
`continue 6:6
`conversation
`4:5 13:21 14:4
`cooperating 6:6
`copy 3:12
`corporation 5:3
`correct 15:3
`corresponding
`4:13
`counsel 2:17 3:9
`6:7 15:8
`couple 3:17
`course 3:12 5:19
`court 3:9 4:3
`courtesy 8:5
`cross 5:20 9:15
`9:20,21
`
`crossexaminat...
`7:15,20,22
`8:18 9:2,13
`11:14,17 12:8
`12:10
`crossexamine
`5:6 10:22
`crr 1:15
`D
`d 2:8,15 3:1 9:22
`danny 2:13 3:20
`14:3 15:7
`date 7:9,11 8:14
`8:22 9:2,5,7,10
`9:11 11:7,8
`14:5
`dated 15:11
`dates 5:13,22
`6:16 7:2,7,13
`9:14 10:6 11:7
`13:19 14:1,6
`day 9:3 10:7
`15:4,11
`days 7:1 9:17,19
`10:2,4
`dc 15:4
`deadline 8:2
`december 11:21
`decision 9:6
`declaration 11:1
`11:13 12:9
`13:4
`delay 4:19 5:16
`denied 5:1
`denying 8:20
`deposing 7:8
`deposition 10:1
`10:2,3 11:6,20
`depositions 12:1
`dhuntington
`2:16
`
`difficult 6:11
`10:17
`digested 5:5
`discuss 10:8
`discussed 8:13
`discussion 10:10
`10:11,13,15
`13:9,14
`discussions 5:10
`disqualifying
`15:9
`dont 11:15 12:3
`12:7,10,10,15
`dr 5:6 6:10,20
`7:8 9:13 11:21
`14:4
`drops 5:22
`due 3:12 5:13
`7:2,9,11 8:14
`8:22 9:5,10
`11:7 14:1
`dunner 2:7 15:4
`15:7
`
`E
`e 2:3 3:1,1
`effect 4:15
`either 12:11
`email 5:5 6:2,4,9
`6:17,18 7:21
`9:18 10:5,8,14
`14:8
`emails 8:6
`ernst 2:13 15:7
`esq 15:6,6,7
`esquire 2:6,6,13
`2:17
`essentially 11:7
`exact 5:22
`excuse 8:22
`exhibit 3:12 4:7
`expert 10:22
`
`
`
`202-220-4158202-220-4158
`
`
`Henderson Legal Services, Inc.Henderson Legal Services, Inc.
`
`www.hendersonlegalservices.comwww.hendersonlegalservices.com
`
`Page 16 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`2
`
`given 10:16
`giving 9:12
`go 8:9 11:4 12:6
`12:14 13:19
`going 4:14 5:20
`5:20 7:15,17
`8:6 10:15
`11:18 12:8
`13:3,16 14:1
`good 3:5 11:22
`14:15
`grant 12:2
`granted 10:19
`green 2:2 3:2,2
`3:11,14,21 4:2
`4:6 5:10 6:3
`8:8 10:20
`11:10 12:4
`13:11,14,22
`14:9,12,14
`guess 3:16 10:20
`11:19
`
`H
`handling 4:17
`4:18
`happen 10:16
`happened 9:17
`happening 9:16
`heading 13:10
`heard 4:5 6:5
`hearing 5:8 7:6
`10:8
`heavily 11:1
`13:4
`hello 3:19
`helps 11:17
`henderson 2:7
`15:4,6
`honestly 11:11
`honor 3:5,13,19
`4:10 8:11 11:2
`
`12:2 13:12,17
`14:11,13
`huntington 2:13
`3:19,20 4:1,4
`4:10 5:14 6:4
`8:12 9:18,20
`10:12,18 12:7
`13:8,12,16
`14:7,13 15:7
`huntingtons
`10:5
`
`I
`id 13:20
`idea 11:22
`identified 7:1
`im 3:11 9:12
`immediately
`7:19
`impact 8:17
`important 11:11
`indicated 4:19
`4:22 5:16 6:21
`8:12 10:9
`information
`14:4
`inhouse 2:17 3:8
`15:8
`inquired 10:6
`institution 11:4
`interest 12:11
`12:13,14 15:9
`interference
`4:14,18 5:9
`interferences
`6:7 10:9 11:21
`ipr 11:4
`ipr201300390
`1:10
`isnt 11:9
`issuance 5:17
`issue 8:19
`
`J
`january 4:12,21
`john 2:17 3:8
`15:8
`joined 3:20
`judge 3:2,2,11
`3:14,21 4:2,6
`4:16,17 5:10
`6:3 8:8 10:7,10
`10:11,20 11:10
`12:4 13:11,14
`13:22 14:9,12
`14:14
`judges 2:2 3:3
`junior 1:8 15:7
`justice 12:13,14
`K
`kamholz 2:3 3:3
`katz 10:7,10
`kind 5:5 6:12
`8:4
`know 7:3 8:2
`11:16 12:3,7
`L
`l 1:15 15:2,15
`law 15:4
`left 8:1 9:19
`10:5
`leland 1:8 15:7
`limited 6:13
`line 3:10,16 4:3
`llp 2:7 15:4,7
`lora 2:2
`lot 12:12
`M
`m 1:17 2:2 10:15
`14:16 15:5,5
`manbeck 2:13
`manpeck 15:7
`march 7:1,8,9
`
`matter 1:15
`mean 11:10 12:6
`13:3
`michele 2:6,10
`15:6
`michelle 3:7
`minutes 3:17
`misunderstan...
`12:20,21
`monday 6:18
`months 8:21
`11:4
`mother 6:15
`motion 11:16
`12:16
`move 7:11 9:5,6
`moved 6:13
`movement 8:7
`moving 7:9 8:14
`mycommission
`15:18
`
`N
`n 2:8,14 3:1
`nearly 11:3
`necessarily 5:21
`need 5:3
`needed 8:3
`never 10:12
`new 2:8 15:4
`notary 1:16 15:2
`15:19
`notes 15:4
`notice 9:12 10:1
`noting 7:2
`number 15:19
`nw 15:4
`O
`
`o 3:1
`obtain 6:16
`oconnor 2:6,9
`3:5,6,13 5:6
`
`expires 15:18
`explore 6:20
`extend 9:10
`extension 10:18
`extent 10:17
`F
`
`fact 7:5
`fairfax 15:11
`far 8:1
`farabow 2:7
`15:4,6
`february 1:13
`5:8 6:1,21 9:11
`10:6 15:4,11
`feel 8:4
`figg 2:13 15:7
`file 3:11 10:1
`14:2
`filing 4:7
`finally 10:14
`financial 15:9
`fine 14:7
`finnegan 2:7,9
`2:10 15:4,6
`first 9:9 11:5
`five 9:1
`foregoing 15:3
`francisco 2:3
`friday 1:13 7:8
`further 14:10
`15:6,9
`future 9:11
`G
`
`g 3:1
`gabriel 5:7 6:10
`6:20 7:8 9:13
`11:21 14:4
`garrett 2:7 15:4
`15:6
`give 3:16 11:13
`12:9
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 17 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`3
`
`8:11 11:2,19
`13:8,17 14:3
`14:11 15:6
`office 1:1 15:4
`officer 15:3
`okay 4:2,6 6:3
`opportunity
`10:21 11:3,5,6
`order 8:20 9:4
`outcome 11:9
`outstanding
`4:20
`owner 1:9 2:12
`3:15,15,17,22
`4:8,9 10:21
`12:19 14:9
`owners 8:15 9:1
`9:5,8 11:8
`P
`p 1:17 2:6,13 3:1
`10:15 14:16
`15:5,5,6,7
`parties 12:4
`15:9
`party 9:22 12:11
`15:7
`patent 1:1,2,9
`1:11 2:2,12
`3:15,15,17,22
`4:8,9 8:15 9:1
`9:5,7 10:21
`11:8 12:19
`14:9
`pending 8:16
`period 9:15,19
`personal 15:9
`peterson 2:17
`3:8 15:8
`petitioner 1:5
`2:5 3:4,6 4:6
`5:11 8:9 12:19
`
`14:12 15:6
`petitions 8:9
`phone 10:10
`pick 14:6
`place 10:11
`plans 7:4
`please 6:17 7:3
`pleased 13:20
`plenty 5:18
`point 9:7,18
`10:4 14:10
`pointed 4:12
`points 8:11
`position 7:17
`13:6
`possibility 8:14
`prats 2:3 3:3
`preference
`12:18,21 13:11
`present 2:17
`15:6,7
`previous 6:11
`prior 6:1
`probably 11:22
`14:5
`proceeding 4:15
`proceedings
`4:13 11:11,11
`15:3,3,3
`professional
`15:2
`provide 9:13
`10:21
`provisional 5:2
`public 1:16 15:2
`Q
`question 6:1
`8:16
`questions 9:9
`R
`r 2:13 3:1 15:7
`
`raise 8:16
`reached 6:20
`9:8
`realized 6:10
`8:3 10:15
`really 12:14
`reason 5:8
`reasonable 8:3
`reasons 6:12
`receipt 6:17
`reconsideration
`4:21 5:1,18
`8:21
`record 15:3
`reference 5:3
`regard 8:4
`registered 15:2
`registration
`15:19
`rehearing 8:17
`related 15:9
`relied 13:4
`relief 12:2
`rely 10:22 11:1
`remember 4:11
`reminder 6:9
`reported 1:15
`reporter 3:10
`4:3 15:1,2
`representative
`3:22
`request 4:20,22
`5:17 8:16,20
`9:5
`requested 4:8
`11:5
`requesting 8:3
`resolved 8:19
`respect 4:14
`5:17
`respond 8:6
`responded
`
`10:16
`responding 6:19
`7:21
`response 7:14
`8:10,12
`result 11:12
`rfem 2:16
`right 9:8 11:9
`13:19
`room 11:15
`12:15
`rothwell 2:13
`15:7
`roughly 14:5
`rpr 1:15
`rule 9:22
`ruled 4:21
`run 7:16,22
`S
`
`s 3:1
`saw 6:9
`saying 5:6 6:10
`says 9:22
`schedule 5:7,19
`6:12 8:7 11:15
`13:5
`scheduled 10:12
`scope 8:17
`scott 2:3
`second 10:14
`see 3:17 4:18
`10:17
`seeking 10:1
`send 14:8
`sense 4:19
`sent 5:5 6:4,8
`9:18 10:7,14
`separate 5:4
`sequenom 1:4
`2:18 3:6,9 15:6
`15:8
`
`shows 3:18
`sides 12:21
`similar 7:11
`simply 13:16
`single 6:14
`six 8:21,22 9:19
`solution 10:20
`somebody 3:17
`soon 5:4 13:21
`sooner 13:14
`sort 12:2
`sounds 12:1
`13:9
`split 12:6
`standards 12:12
`stanford 1:8
`15:7
`statement 8:15
`9:1,6
`states 1:1
`stenotype 15:4
`steve 3:6
`steven 2:6,9
`15:6
`stipulate 5:13
`9:10
`stipulation 14:1
`14:2
`street 2:14
`sufficient 9:21
`suggest 7:12 8:5
`suggested 7:6,7
`suite 2:14
`sunday 6:8
`susan 1:15 15:2
`15:15
`
`T
`take 7:17 9:13
`11:5
`taken 15:3,3
`talk 14:8
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 18 of 19
`
`

`

`PATENT IPR2013-00390
`February 21, 2014 Conference Call
`
`4
`
`5
`
`53 9:22
`
`6
`607 2:14
`6th 4:12 6:2
`8:13
`
`7
`7836040 2:15
`7th 10:12
`8
`
`8 1:11
`800 2:14
`9
`901 2:8 15:4
`
`1
`1 5:13 14:1
`10 10:2,4
`11 10:14
`13 4:21
`13th 8:19,21
`14 7:8 14:16
`15:5
`14th 2:14 7:12
`16th 6:8 10:14
`17 15:18
`177349 15:19
`17th 6:18
`195 1:11
`2
`20001 15:5
`200014413 2:8
`20005 2:15
`2014 1:13 15:4
`15:11
`202 2:9,15
`20th 11:21
`21 1:13
`21st 5:7 6:21
`10:6 15:4
`24th 6:22 9:11
`15:11
`25th 5:9
`28th 7:9
`3
`3 5:13 14:2
`30 15:18
`4
`4 1:17 9:22
`14:16 15:5,5
`15:18
`4084000 2:9
`415 1:11
`42 9:22
`
`v 1:6
`view 12:13
`virginia 1:17
`15:2
`
`W
`w 2:8,14
`waited 10:13
`waiting 7:21
`want 7:11 8:18
`9:12
`wanted 5:6
`washington 2:8
`2:15 15:4
`wasnt 7:12,15
`10:15
`way 12:5 13:3
`wed 5:7
`weekend 14:15
`weeks 7:10 8:22
`9:1,17 14:5
`weight 11:13
`12:9
`whats 8:9 11:17
`wiggle 11:15
`12:15
`willing 9:10
`12:2
`work 6:14 7:7
`12:22 13:20
`
`X Y
`
`york 2:8 15:4
`youd 14:8
`youre 13:3 14:1
`youve 6:15
`
`Z 0
`
`00 1:17 15:5
`
`talked 4:15 7:2
`telephone 5:15
`thank 6:3 14:14
`thats 12:5,10
`13:9 14:7
`things 4:19
`think 5:15 8:8
`11:2 12:10,19
`12:20
`three 9:17
`time 5:11,18
`6:13 7:16,18
`7:19,22 9:21
`13:5
`times 6:11
`told 7:18
`trademark 1:1
`transcript 3:12
`4:7 15:3
`trial 1:2
`true 15:3
`trustees 1:7 15:7
`trying 11:12
`tuesday 5:9 7:6
`turn 14:6
`two 7:10 9:9,17
`11:3,22 14:5
`U
`understand 4:2
`8:8 11:17
`12:20 13:1,2
`understanding
`4:8 5:12
`understood 4:4
`unfortunate
`11:20
`united 1:1
`university 1:8
`15:7
`use 12:14
`V
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 19 of 19
`
`