Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 23
`Date: March 6, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GSI TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`CYPRESS SEMICONDUCTOR CORPORATION,
`Patent Owner.
`
`____________
`
`Case IPR2014-00426 (Patent 6,445,645)
`Case IPR2014-00427 (Patent 6,385,128)1
`____________
`
`
`Before MIRIAM L. QUINN, WILLIAM V. SAINDON, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`QUINN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`1 This Order addresses issues is identical in the listed cases. We exercise our
`discretion to issue a single paper to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`571-272-7822
`
`
`
`
`Paper 23
`Date: March 6, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GSI TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`CYPRESS SEMICONDUCTOR CORPORATION,
`Patent Owner.
`
`____________
`
`Case IPR2014-00426 (Patent 6,445,645)
`Case IPR2014-00427 (Patent 6,385,128)1
`____________
`
`
`Before MIRIAM L. QUINN, WILLIAM V. SAINDON, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`QUINN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`1 This Order addresses issues is identical in the listed cases. We exercise our
`discretion to issue a single paper to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2014-00426 (Patent 6,445,645)
`IPR2014-00427 (Patent 6,385,128)
`
`
`Petitioner has requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See, e.g., IPR2014-00426, Paper 22;
`IPR2014-00427, Paper 22. Patent Owner has not requested an oral hearing.
`The deadline for requesting a hearing has passed. Nevertheless, we grant
`Petitioner’s request.
`These proceedings will be heard on April 14, 2015. Given the overlap
`in these two proceedings, each party will have 45 minutes of total argument
`time. Each side will present arguments for both proceedings during the
`allotted time. Petitioner bears the ultimate burden of proof that the claims at
`issue in this review are unpatentable. Therefore, Petitioner will proceed first
`to present its case with regard to the challenged claims on which basis we
`instituted trial. Thereafter, Patent Owner will respond to Petitioner’s case.
`After that, Petitioner will make use of the rest of its time responding to
`Patent Owner. There are no motions to amend or other motions to be
`addressed at the hearing.
`There is a strong public policy interest in making all information
`presented in these proceedings public, as the review determines the
`patentability of claims in an issued patent and thus affects the rights of the
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`and 35 U.S. C. § 326(a)(1), which provide that the file of any inter partes
`review or post grant review be made available to the public, except that any
`petition or document filed with the intent that it be sealed shall, if
`accompanied by a motion to seal, be treated as sealed pending the outcome
`of the ruling on the motion. Accordingly, we exercise our discretion to
`make the oral hearing publically available via in-person attendance.
`
`2
`
`
`
`
`IPR2014-00426 (Patent 6,445,645)
`IPR2014-00427 (Patent 6,385,128)
`
`
`Specifically, the hearing will commence at 1:30 PM Eastern Time, on
`April 14, 2015, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia, and it will be open to the public for in-person
`attendance. In-person attendance will be accommodated on a first come first
`serve basis.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. Under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served five business
`days before the hearing. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23,
`2013), regarding the appropriate content of demonstrative exhibits. The
`parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`Any issue regarding demonstrative exhibits should be resolved at least
`two business days prior to the hearing by way of a joint telephone
`conference call to the Board. The parties are responsible for requesting such
`a conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived. Demonstratives should be filed at the
`Board no later than two days before the hearing. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`
`3
`
`
`
`
`IPR2014-00426 (Patent 6,445,645)
`IPR2014-00427 (Patent 6,385,128)
`
`request is to be sent directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing. The parties are reminded that the presenter must identify clearly
`and specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`The parties also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location, and that if a
`demonstrative exhibit is not filed or otherwise made fully available or visible
`to the judge presiding over the hearing remotely, that demonstrative exhibit
`will not be considered. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently visible and available to all of
`the judges, the parties are invited to contact the Board at 571-272-9797.
`Documents presented on the Elmo projector are not visible to remote judges,
`so please plan accordingly.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral hearing, 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.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`IPR2014-00426 (Patent 6,445,645)
`IPR2014-00427 (Patent 6,385,128)
`
`PETITIONER:
`Brent Yamashita
`Gerald Sekimura
`DLA Piper LLP
`brent.yamashita@dlapiper.com
`gerald.sekimura@dlapiper.com
`
`
`
`
`PATENT OWNER:
`David M. Hoffman
`Thomas Halkowski
`Fish & Richardson
`hoffman@fr.com
`halkowski@fr.com
`
`5
`
`
`
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