`571-272-7822 Entered May 29, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`FUJITSU SEMICONDUCTOR LIMITED, FUJITSU SEMICONDUCTOR
`AMERICA, INC., ADVANCED MICRO DEVICES, INC., RENESAS
`ELECTRONICS CORPORATION, RENESAS ELECTRONICS
`AMERICA, INC., GLOBAL FOUNDRIES U.S., INC.,
`GLOBALFOUNDRIES DRESDEN MODULE ONE LLC & CO. KG,
`GLOBALFOUNDRIES DRESDEN MODULE TWO LLC & CO. KG,
`TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC., TOSHIBA
`AMERICA INC., TOSHIBA AMERICA INFORMATION SYSTEMS,
`INC., TOSHIBA CORPORATION, and THE GILLETTE COMPANY,
`Petitioner,
`v.
`ZOND, LLC,
`Patent Owner.
`____________
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)1
`____________
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`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`1 This Order addresses the same issue in the above-identified inter partes reviews.
`Therefore, we exercise our discretion to issue one Order to be entered in each case.
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
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`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)
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`The Scheduling Order for the above-identified inter partes reviews provided
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`that an oral hearing would be conducted if the hearing is requested by the parties
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`and granted by the Board. Paper 14.2 The parties request oral hearing pursuant to
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`37 C.F.R. § 42.70 in each inter partes review. Paper 47. On May 21, 2015, a
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`conference call was held between respective counsel for the parties and Judges
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`Turner, Stephens, Chang, Mitchell, and Meyer. Petitioner requested the
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`conference call to discuss the timing and logistics of the oral hearing. Although we
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`scheduled a consolidated oral hearing for these proceedings involving Patent
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`No. 7,147,759 B2 and Patent No. 7,811,421 B2, as requested by the parties, for
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`efficiency (Paper 37), we are mindful of the logistic challenges for the parties.
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`During the conference call, we encouraged the parties to confer and reach an
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`agreement regarding these issues. On May 28, 2015, the parties emailed their
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`proposals to the Board. Ex. 3002. Upon consideration of the facts before us, we
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`hereby grant the parties’ requests for a consolidated oral hearing as to the
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`above-identified inter partes reviews.
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`The hearing will commence at 10:00 PM ET on June 8, 2015, on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. For each
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`involved patent, each party will have one hour of total time to present arguments in
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`the manner provided here in this Order. Any representation made by counsel at the
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`consolidated hearing is applicable to and useable in each proceeding that has an
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`underlying basis for the representation. Petitioner bears the ultimate burden of
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`proof that Patent Owner’s claims at issue are unpatentable. Thus, Petitioner will
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`open the hearing by presenting its case regarding the challenged claims for which
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`we instituted trial. Petitioner may reserve some of its argument time for rebuttal.
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`2 All citations are to IPR2014-00781, as representative, unless otherwise noted.
`2
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
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`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)
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`Thereafter, Patent Owner will respond to Petitioner’s presentation. After the
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`parties’ presentation for the first involved patent3, a lunch break will be provided.
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`The hearing will resume at 1:30 PM ET, for the second involved patent.
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`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing and will be entered in the
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`record of each proceeding. The hearing will be open to the public for in-person
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`attendance that will be accommodated on a first-come, first-served basis.
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`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
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`served at least five business days before the hearing date. Barring any objections
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`to the demonstratives by the opposing party, the parties are authorized to file any
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`demonstrative exhibits in each proceeding in PRPS three business days prior to the
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`oral hearing date. The parties also should note that one or more members of the
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`panel will be attending the hearing electronically from a remote location and will
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`not be able to view the projection screen in the hearing room. The parties are
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`reminded that the presenter must identify clearly and specifically each
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`demonstrative exhibit (e.g., by slide or screen number) referenced during the
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`hearing to avoid confusion, and to ensure the clarity and accuracy of the reporter’s
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`transcript.
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`If there are objections to the demonstratives, the party raising the objections
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`must communicate those objections via email to Trials@uspto.gov. Any objection
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`to demonstrative exhibits that is not presented timely will be considered waived.
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`The objections should identify with particularity which demonstratives are subject
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`to objection and include a short (one sentence or less) statement of the reason for
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`3 The parties are encouraged to confer and reach an agreement, prior to the oral
`hearing, as to which involved patent should be presented first.
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`3
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
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`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)
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`each objection. No argument or further explanation is permitted. The Board will
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`consider the objections and schedule a conference if deemed necessary.
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`Otherwise, the Board will reserve ruling on the objections until at or after the oral
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`hearing. The parties are directed to St. Jude Medical, Cardiology Division, Inc. v.
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`The Board of Regents of the University of Michigan, Case IPR2013-00041 (PTAB
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`Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits. See also CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118)
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`(The Board has the discretion to limit the parties’ demonstratives to pages in the
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`record should there be no easy resolution to objections over demonstratives.).
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, any counsel of record may present the party’s argument.
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`If either party expects that its lead counsel will not be attending the oral argument,
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`the parties should initiate a joint telephone conference with the Board no later than
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`two business days prior to the oral hearing to discuss the matter.
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`Any special requests for audiovisual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored unless
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`presented in a separate communication not less than five days before the hearing,
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`directed to the above email address.
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`4
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
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`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)
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`For PATENT OWNER:
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`
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`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
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`Bruce J. Barker
`bbarker@chsblaw.com
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`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
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`For PETITIONER:
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`GlobalFoundries:
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`David Tennant
`dtennant@whitecase.com
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`Dohm Chankong
`dohm.chankong@whitecase.com
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`Gillette:
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`Michael A. Diener
`michael.diener@wilmerhale.com
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`Larissa B. Park
`larissa.park@wilmerhale.com
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`Fujitsu:
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`David L. McCombs
`david.mccombs.ipr@haynesboone.com
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`David M O’Dell
`david.odell.ipr@haynesboone.com
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`Richard C. Kim
`rckim@duanemorris.com
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`5
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`Cases IPR2014-00781; IPR2014-00782; IPR2014-01083; IPR2014-01086;
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`IPR2014-01087 (Patent 7,147,759 B2)
`Cases IPR2014-00800; IPR2014-00802; IPR2014-00805 (Patent 7,811,421 B2)
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`AMD:
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`6
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`Brian M. Berliner
`bberliner@omm.com
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`Ryan K. Yagura
`ryagura@omm.com
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`Xin-Yi Zhou
`vzhou@omm.com
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`Toshiba:
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`Robinson Vu
`Robinson.vu@bakerbotts.com
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`Renesas:
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`John J. Feldhaus
`jfeldhaus@foley.com
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`Pavan Agarwal
`pagarwal@foley.com
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`Mike Houston
`mhouston@foley.com