`
`Filed on behalf of: Black Hills Media, LLC
`By: Andrew Crain (andrew.crain@thomashorstemeyer.com)
`
`THOMAS | HORSTEMEYER, LLP
`
`400 Interstate North Parkway, SE, Suite 1500
`Atlanta, Georgia 30339
`Tel: (770) 933-9500
`Fax: (770) 951-0933
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`---------------
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`---------------
`
`SAMSUNG ELECTRONICS CO., LTD.;
`
`SAMSUNG ELECTRONICS AMERICA, INC.; and
`
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
`
`Petitioner,
`
`v.
`
`BLACK HILLS MEDIA, LLC,
`
`Patent Owner
`
`---------------
`
`Case IPR2014-00717
`
`U.S. Patent 6,108,686
`
`---------------
`
`
`
`
`PATENT OWNER’S LISTING OF ANTICIPATED MOTIONS FOR
`DISCUSSION IN INITIAL CONFERENCE CALL
`
`
`
`
`
`
`
`
`
`An initial conference call is scheduled in this matter for November 20, 2014
`
`at 4:00 PM Eastern Time. Pursuant to the Office Patent Trial Practice Guide
`
`(OPTPG), 77 Fed. Reg., 48765 (Aug. 14, 2012), Patent Owner submits this listing
`
`of issues it desires to raise during the call and/or motions it may bring during this
`
`trial. Patent Owner reserves its right to seek authorization to bring additional
`
`motions, as permitted by the Board.
`
`
`
`
`
`Guidance Sought on Routine Discovery Cross Examination Dispute
`
`Patent Owner plans to seek guidance from the Board regarding Patent
`
`Owner’s desire to cross examine the affidavit testimony of Mr. Sungil Cho
`
`pursuant to 37 C.F.R. §§ 41.51(b)(1)(ii) & 42.52. A declaration of Mr. Cho was
`
`submitted as Exhibit 1009 in this proceeding. Accordingly, Patent Owner believes
`
`it is entitled to cross examine Mr. Cho under 37 C.F.R. § 42.51(b)(1)(ii) as routine
`
`discovery within the scope of his declaration, which would relate to whether or not
`
`Google, Inc. should or should not have been identified as a real party-in-interest
`
`pursuant to 35 U.S.C. § 312(a). See OPTPG at 48761 (“[A] party presenting a
`
`witness’s testimony by affidavit should arrange to make the witness available for
`
`cross-examination.”). See also Paper 17 (Order Granting-in-Part Motion for
`
`Additional Discovery) at 4 (“Patent Owner is also entitled to corroboration of the
`
`assertions of Mr. Cho’s declaration and to cross-examine Mr. Cho.”).
`
`
`
`2
`
`
`
`
`
`Petitioner has confirmed to Patent Owner that Petitioner does not intend to
`
`make Mr. Cho available for cross-examination. Therefore, Patent Owner
`
`respectfully requests guidance from the Board on this issue, which “may be a
`
`dispositive issue that may aid in settlement of the trial.” See OPTPG at 48765.
`
`Moreover, Patent Owner believes that this issue can possibly be resolved by the
`
`Board either “during the call itself or shortly thereafter,” without the need for
`
`additional briefing via a filed motion, unless the Board directs otherwise. See id. at
`
`48763.
`
`
`
`
`
`
`
`Respectfully submitted,
`Dated: November 18, 2014
`
`
`/N. Andrew Crain/
`
`Andrew Crain
`Lead Counsel for Patent Owner
`Thomas Horstemeyer
`400 Interstate North Pkwy Ste. 1500
`Atlanta, Georgia 30339
`Tel: (770) 933-9500
`Fax: (770) 951-0933
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned herby certifies that a copy of the foregoing PATENT
`
`OWNER’S LISTING OF ANTICIPATED MOTIONS FOR DISCUSSION IN
`
`INITIAL CONFERENCE CALL was served on counsel of record on November
`
`18, 2014 and that this document was filed through the Patent Review Processing
`
`System and served electronically via email.
`
`Andrea G. Reister
`Gregory S. Discher
`areister@cov.com
`gdischer@cov.com
`
`Attorneys for Petitioner.
`
`
`
`
`
`
`
`
`
`
` November 18, 2014
`
`
`Date
`
`THOMAS | HORSTEMEYER, LLP
`
`
`/N. Andrew Crain/
`N. Andrew Crain (Reg. No. 45,442)
`Lead Counsel for Patent Owner
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
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