Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 41
`Entered: January 20, 2015
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MACRONIX INTERNATIONAL CO., LTD., MACRONIX ASIA
`LIMITED, MACRONIX (HONG KONG) CO., LTD., and
`MACRONIX AMERICA, INC.,
`Petitioners,
`v.
`SPANSION LLC,
`Patent Owner.
`____________
`Case IPR2014-00103 (Patent 6,369,416 B1)
`Case IPR2014-00104 (Patent 6,459,625 B1)
`Case IPR2014-00105 (Patent 6,731,536 B1)
`Case IPR2014-00108 (Patent 7,151,027 B1)
` Case IPR2014-00898 (Patent 7,151,027 B1)1
`
`
`Before HOWARD B. BLANKENSHIP, DEBRA K. STEPHENS, JUSTIN
`T. ARBES, and RICHARD E. RICE, Administrative Patent Judges.
`
`RICE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses an issue that is identical in the five cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers. This Order supersedes the previous Trial Hearing Orders in these
`cases.
`
`
`Tel: 571-272-7822
`
`
`
`Paper 41
`Entered: January 20, 2015
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MACRONIX INTERNATIONAL CO., LTD., MACRONIX ASIA
`LIMITED, MACRONIX (HONG KONG) CO., LTD., and
`MACRONIX AMERICA, INC.,
`Petitioners,
`v.
`SPANSION LLC,
`Patent Owner.
`____________
`Case IPR2014-00103 (Patent 6,369,416 B1)
`Case IPR2014-00104 (Patent 6,459,625 B1)
`Case IPR2014-00105 (Patent 6,731,536 B1)
`Case IPR2014-00108 (Patent 7,151,027 B1)
` Case IPR2014-00898 (Patent 7,151,027 B1)1
`
`
`Before HOWARD B. BLANKENSHIP, DEBRA K. STEPHENS, JUSTIN
`T. ARBES, and RICHARD E. RICE, Administrative Patent Judges.
`
`RICE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses an issue that is identical in the five cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers. This Order supersedes the previous Trial Hearing Orders in these
`cases.
`
`
`
`IPR2014-00103, IPR2014-00104, IPR2014-00105,
`IPR2014-00108, and IPR2014-00898
`
`
`Both parties have requested oral argument in each of the five cases.
`The requests for oral argument are granted.
`Oral argument will commence on the ninth floor of Madison Building
`East, 600 Dulany Street, Alexandria, Virginia, at the following times:
`(1)
`in Cases IPR2014-00108 and IPR2014-00898, on
`January 29, 2015, at 9:00 am Eastern Time;
`(2)
`in Case IPR2014-00104, on January 29, 2015, at
`1:00 pm Eastern Time;
`(3)
`in Case IPR2014-00103, on February 4 , 2015, at
`9:00 am Eastern Time; and
`(4)
`in Case IPR2014-00105, on February 4, 2015, at
`1:00 pm Eastern Time.
`As indicated above, oral argument in Cases IPR2014-00108 and IPR2014-
`00898 will be held at the same place and time.
`Each party is allotted one hour total argument time for each of Cases
`IPR2014-00103, IPR2014-00104, and IPR2014-00105. Each party is
`allotted one hour total argument time to address both Cases IPR2014-00108
`and IPR2014-00898.
`Petitioner will open each hearing by presenting its arguments
`regarding the challenged claims for which the Board instituted trial. Patent
`Owner will then respond to Petitioner’s arguments and, if it so desires, may
`address any Motion to Exclude that it filed in the case or cases being heard.
`Each party may reserve rebuttal time, but Patent Owner may use rebuttal
`time only to respond to Petitioner’s arguments in opposition to a Motion to
`Exclude.
`
`
`
`2
`
`
`
`IPR2014-00103, IPR2014-00104, IPR2014-00105,
`IPR2014-00108, and IPR2014-00898
`
`
`We will provide a court reporter for each hearing, and the reporter’s
`transcript will constitute the official record of the hearing. Each hearing will
`be open to the public via in-person attendance on a first-come, first-served
`basis. If the parties have any concern about disclosing confidential
`information, they are requested to contact us at least 10 days in advance of
`the hearing to discuss the matter.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`We will not consider any deposition testimony that has not been filed in
`accordance with our rules. Furthermore, under 37 C.F.R. § 42.70(b),
`demonstrative exhibits must be served at least five business days before the
`hearing. We request that such exhibits be filed at least two business days
`before the hearing. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan,
`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), for guidance regarding the
`appropriate content of demonstrative exhibits. The parties must initiate a
`conference call with us at least two business days before the hearing to
`present any objection regarding the propriety of any demonstrative exhibit.
`Any objection to demonstrative exhibits that is not presented timely will be
`considered waived. We ask the parties to confine demonstrative exhibit
`objections to those identifying egregious violations that are prejudicial to the
`administration of justice.
`The parties are reminded that, during the hearing, the presenter must
`identify clearly and specifically each demonstrative exhibit referenced (e.g.,
`by slide or screen number) to ensure the clarity and accuracy of the
`reporter’s transcript.
`
`
`
`3
`
`
`
`IPR2014-00103, IPR2014-00104, IPR2014-00105,
`IPR2014-00108, and IPR2014-00898
`
`
`We expect lead counsel for each party to be present in person at the
`hearing. If a party anticipates that its lead counsel will not be attending the
`oral argument, the parties should initiate a joint telephone conference with
`the Board no later than two business days prior to the oral hearing to discuss
`the matter. Any counsel of record, however, may present the party’s
`argument. A party’s argument may be divided, but interruptions for change
`of counsel should be kept to a minimum.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`Accordingly, it is
`ORDERED that oral argument for these proceedings shall take place
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`beginning:
`in Cases IPR2014-00108 and IPR2014-00898, on January 29,
`(1)
`2015, at 9:00 am Eastern Time;
`(2)
`in Case IPR2014-00104, on January 29, 2015, at 1:00 pm
`Eastern Time;
`(3)
`in Case IPR2014-00103, on February 4 , 2015, at 9:00 am
`Eastern Time; and
`(4)
`in Case IPR2014-00105, on February 4, 2015, at 1:00 pm
`Eastern Time.
`
`
`
`
`4
`
`
`
`IPR2014-00103, IPR2014-00104, IPR2014-00105,
`IPR2014-00108, and IPR2014-00898
`
`
`
`PETITIONER:
`
`Michael M. Murray
`Andrew R. Sommer
`WINSTON & STRAWN
`mmurray@winston.com
`asommer@winston.com
`
`
`
`PATENT OWNER:
`
`J. Steven Baughman
`Gabrielle E. Higgins
`Mark Rowland
`Andrew N. Thomases
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`gabrielle.higgins@ropesgray.com
`mark.rowland@ropesgray.com
`Andrew.Thomases@ropesgray.com
`SpansionPTABService@ropesgray.com
`
`
`
`
`5
`
`
`
`
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