Patent No. 6,805,779
` IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025,
`1070, 1072, 1074)
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`FUJITSU SEMICODUCTOR LIMITED AND
`
`FUJITSU SEMICONDUCTOR AMERICA, INC., ET AL.
`
`Petitioners
`
`v.
`
`ZOND, LLC
`Patent Owner
`
`U.S. Patent No. 6,805,779
`
`
`_____________________
`
` Inter Partes Review Case Nos:
`
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070, 1072, 1074)
`
`
`
`_________________
`
`
`
`PATENT OWNER’s OPPOSITION TO REVISED MOTIONS FOR
`JOINDER
`
`
`
`
`
`
` IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025,
`1070, 1072, 1074)
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`FUJITSU SEMICODUCTOR LIMITED AND
`
`FUJITSU SEMICONDUCTOR AMERICA, INC., ET AL.
`
`Petitioners
`
`v.
`
`ZOND, LLC
`Patent Owner
`
`U.S. Patent No. 6,805,779
`
`
`_____________________
`
` Inter Partes Review Case Nos:
`
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070, 1072, 1074)
`
`
`
`_________________
`
`
`
`PATENT OWNER’s OPPOSITION TO REVISED MOTIONS FOR
`JOINDER
`
`
`
`
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`
`
`
`ARGUMENT
`
`Zond LLC (“Zond”) is not opposed to joinder, as it has indicated in
`
`previous papers and conferences. However, it proposes joinder under terms
`
`that address issues overlooked in the petitioners’ motions.
`
`Each of the Petitioners who seek to join an earlier IPR filed by another
`
`party (the “Lead Petitioner”), offer to consolidate its papers with those of Lead
`
`Petitioner, within the page limits normally allocated for one party. However,
`
`the proposed terms of joinder do not specifically address the situation
`
`contemplated here, wherein several other petitioners will also be joined in the
`
`same proceeding. The various petitioners therefore do no explicitly agree to
`
`consolidate their filings with ALL joined parties, and to share pages of such
`
`consolidated filing within the limits for one party.
`
`For at least these reasons, the various motions for joinder filed by
`
`different Petitioners do not present a single consistent plan for the numerous
`
`IPR proceedings. Patent Owner Zond proposes a single, comprehensive plan
`
`for joinder that will apply to all the IPR proceedings and therefore, would be
`
`easier to manage.
`
`
`
`
`
`
`
`1
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`
`
`PROPOSED ORDER
`
`For purposes of this Proposed Order, the term “Joined Petitioners” shall
`
`refer to all parties who are joined in the Lead Petitioner’s IPR, including Lead
`
`Petitioner and all entities subsequently joined in any proceeding resulting from
`
`the Lead Petitioner’s petition. The term “Copied IPR” shall refer to a petition
`
`that is a copy of Lead Petitioner’s petition.
`
`ZOND proposes joinder under the following conditions:
`
` If review is instituted on any ground in the Lead Petitioner’s IPR,
`
`each Copied IPR will be instituted on the same grounds and will
`
`be joined with the Lead Petitioner’s IPR. Grounds not instituted in
`
`the Lead Petitioner’s IPR will be similarly denied in the Copied
`
`IPR.
`
` The scheduling order for the Lead Petitioner’s IPR will apply in
`
`the joined proceeding.
`
` Throughout the proceeding, the Joined Petitioners will file papers
`
`as consolidated filings, except for motions that do not involve the
`
`other parties, in accordance with the Board's established rules
`
`regarding page limits for one party. So long as any Joined
`
`Petitioners continue to participate in the joined proceeding, all
`
`
`
`2
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`such remaining Joined Petitioners will continue to file their papers
`
`as consolidated filings and will be responsible for completing all
`
`consolidated filings.
`
` The Joined Petitioners will designate an attorney to conduct the
`
`cross examination of any given witness produced by Zond, and the
`
`redirect of any given witness produced by the Joined Petitioners,
`
`within the timeframe normally allotted by the rules for one party.
`
`The Joined Petitioners will not receive any separate cross-
`
`examination or redirect time.
`
` Zond will conduct any cross examination of any given witness
`
`jointly produced by Joined Petitioners and the redirect of any
`
`given witness produced by Zond within the timeframe normally
`
`allotted by the rules for one cross-examination or redirect
`
`examination.1
`
`
`
`
`
`
`1 Lastly, Zond also respectfully asks to reserve the right to request even further
`
`consolidation after the Board’s decisions on whether to institute review in response
`
`to the various Lead Petitioner petitions on the same patent.
`
`
`
`
`
`3
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`
`
`
`Date: September 26, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
`/Gregory J. Gonsalves/
`
`Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, VA 22043
` (571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`
`
`
`
`
`
`
`4
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`
`The undersigned hereby certifies that a copy of the foregoing Patent Owner’
`
`Revised Opposition to Motion for Joinder was served via email on September
`
`26, 2014, on the attorneys for all Petitioners:
`
`Michael A. Diener
`Larissa Park, Reg. No.
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 STATE STREET
`BOSTON, MA 02109
`TELEPHONE: (617) 526-6000
`FAX: (617) 526-5000
`EMAIL: Michael.Diener@wilmerhale.com,
`Larissa.Park@wilmerhale.com
`
`
`
`David L. McCombs
`David M. O’Dell
`HAYNES AND BOONE, LLP.
`2323 VICTORY AVENUE SUITE 700
`DALLAS TEXAS 75219
`TELEPHONE: (214) 651-5533
`FAX: (214) 200-0853
`EMAIL: David.McCombs@haynesboone.com
`david.odell@haynesboone.com
`
` Brian M. Berliner, Ryan K. Yagura, Xin-Yi Zhou
` O’MELVENY & MYERS LLP
` 400 S. HOPE STREET
` LOS ANGELES, CA 90071
` bberliner@omm.com; ryagura@omm.com; vzhou@omm.com
`
`
`
`
`5
`
`
`
`
`
`Patent No. 6,805,779
`IPR Nos. 2014-(856, 859, 918, 1017, 1019, 1020, 1022, 1025, 1070,
`1072, 1074)
`
`
`
`John Feldhaus, Pavan Agarwal, Mike Houston
` FOLEY & LARDNER LLP
` 3000 K STREET, N.W., SUITE 600
` WASHINGTON, DC 20007
` jfeldhaus@foley.com; pagarwal@foley.com; mhouston@foley.com
`
`David M. Tennant
` WHITE & CASE LLP
` 701 THIRTEENTH STREET, NW
` WASHINGTON, DC 20005
` dtennant@whitecase.com
`
` Robinson Vu
` BAKER BOTTS LLP
` ONE SHELL PLAZA
` 910 LOUISIANA STREET
` HOUSTON, TX 77002
` Robinson.vu@bakerbotts.com
`
`
`/Gregory J. Gonsalves/
`
`
`
`
`
`
`
`
`
`
`
`Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, VA 22043
` (571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`6
`
`
`
`
`
`
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