Trials@uspto.gov
`571-272-7822
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`Paper 44
`Entered: July 23, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`FUJITSU SEMICONDUCTOR LIMITED, FUJITSU SEMICONDUCTOR
`AMERICA, INC., THE GILLETTE COMPANY, 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., and TOSHIBA CORPORATION,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
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`Cases IPR2014-00861; IPR2014-01088; IPR2014-01089
`Patent 6,806,652 B1
`____________
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`
`MITCHELL, Administrative Patent Judge.
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`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`
`
`

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`Cases IPR2014-00861, IPR2014-01088, and IPR2014-01089
`Patent 6,806,652 B1
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`
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`The Scheduling Order (IPR2014-00861, Paper 14; IPR2014-01088, Paper 18
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`(ordering Scheduling Order for IPR2014-00861 shall govern the proceeding);
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`IPR2014-01089, Paper 15) for these proceedings provided that an oral hearing
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`would be conducted if the hearing is requested by the parties and granted by the
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`Board. Patent Owner and Petitioner requested oral hearing pursuant to 37 C.F.R.
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`§ 42.70. IPR2014-00861, Papers 41, 42; IPR2014-01088, Papers 30, 31; and
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`IPR2014-01089, Papers 25, 26. The requests are granted.
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`These proceedings are related, and all proceedings will be conducted as a
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`single consolidated hearing, such that 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. Each side will have ninety (90) minutes of
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`total time to present argument for all of the proceedings. Petitioner bears the
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`ultimate burden of proof that Patent Owner’s claims at issue are unpatentable.
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`Thus, Petitioner will open the hearing by presenting its case regarding the
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`challenged claims for which we instituted trial. Petitioner may reserve some of its
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`argument time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s
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`presentation.
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`The hearing will commence at 1:00 PM on August 13, 2015, on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
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`Board will provide a court reporter for the hearing and the reporter’s transcript will
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`constitute the official record of the hearing and will be entered in the record of
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`each proceeding. The hearing will be open to the public for in-person attendance
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`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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`2
`
`
`

`
`Cases IPR2014-00861, IPR2014-01088, and IPR2014-01089
`Patent 6,806,652 B1
`
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`demonstrative exhibits in this proceeding in PRPS three business days prior to the
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`
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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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`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 after the oral
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`argument. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
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`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
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`(PTAB 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) (The
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`Board has the discretion to limit the parties’ demonstratives to pages in the record
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`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. If
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`either party expects that its lead counsel will not be attending the oral argument,
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`3
`
`
`

`
`Cases IPR2014-00861, IPR2014-01088, and IPR2014-01089
`Patent 6,806,652 B1
`
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`the parties should initiate a joint telephone conference with the Board no later than
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`
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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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`

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`
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`Cases IPR2014-00861, IPR2014-01088, and IPR2014-01089
`Patent 6,806,652 B1
`
`For PATENT OWNER:
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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 PETITIONERS:
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`TSMC and 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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`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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`David Cavanaugh
`david.cavanaugh@wilmerhale.com
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`Larissa B. Park
`larissa.park@wilmerhale.com
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`5
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`

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`
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`
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`Cases IPR2014-00861, IPR2014-01088, and IPR2014-01089
`Patent 6,806,652 B1
`
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`AMD:
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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
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`6