` IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`THE GILLETTE COMPANY, ET. AL
`
`Petitioners
`
`v.
`
`ZOND, LLC
`Patent Owner
`
`U.S. Patent No. 7,147,759
`
`
`_____________________
`
` Inter Partes Review Case Nos:
`
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083, 1086, 1087)
`
`
`
`_________________
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`
`
`PATENT OWNER’s OPPOSITION TO MOTIONS FOR JOINDER
`
`
`
`
`
`
`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
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`
`
`
`ARGUMENT
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`Zond LLC (“Zond”) is not opposed to joinder, as it has indicated in
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`previous papers and conferences. However, it proposes joinder under terms
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`that address issues overlooked in the petitioners’ motions.
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`Each of the Petitioners who seek to join the original IPR filed by Intel
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`(the “Intel IPR”), offer to consolidate its papers with those of Intel, within the
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`page limits normally allocated for one party. However, the proposed terms of
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`joinder do not specifically address the situation contemplated here, wherein
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`several other petitioners will also be joined in the same proceeding. The
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`various petitioners therefore do not explicitly agree to consolidate their filings
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`with ALL joined parties, and to share pages of such consolidated filing within
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`the limits for one party.
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`For at least these reasons, the various motions for joinder filed by
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`different Petitioners do not present a single consistent plan for the numerous
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`IPR proceedings. Patent Owner Zond proposes a single, comprehensive plan
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`for joinder that will apply to all the IPR proceedings and therefore, would be
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`easier to manage.
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`
`
`
`
`1
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`
`
`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
`
`
`
`PROPOSED ORDER
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`For purposes of this Proposed Order, the term “Joined Petitioners” shall
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`refer to all parties who are joined in the Intel IPR proceeding, including Intel
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`and all entities subsequently joined in any proceeding resulting from the Intel
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`petition. The term “Copied IPR” shall refer to a petition that is a copy of
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`Intel’s petition.
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`ZOND proposes joinder under the following conditions:
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` If review is instituted on any ground in the Intel IPR, each Copied
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`IPR will be instituted on the same grounds and will be joined with
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`the Intel IPR. Grounds not instituted in the Intel IPR will be
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`similarly denied in the Copied IPR.
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` The scheduling order for the Intel IPR will apply in the joined
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`proceeding.
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` Throughout the proceeding, the Joined Petitioners will file papers
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`as consolidated filings, except for motions that do not involve the
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`other parties, in accordance with the Board's established rules
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`regarding page limits for one party. So long as any Joined
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`Petitioners continue to participate in the joined proceeding, all
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`such remaining Joined Petitioners will continue to file their papers
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`2
`
`
`
`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
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`as consolidated filings and will be responsible for completing all
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`consolidated filings.
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` The Joined Petitioners will designate an attorney to conduct the
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`cross examination of any given witness produced by Zond, and the
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`redirect of any given witness produced by the Joined Petitioners,
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`within the timeframe normally allotted by the rules for one party.
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`The Joined Petitioners will not receive any separate cross-
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`examination or redirect time.
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` Zond will conduct any cross examination of any given witness
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`jointly produced by Joined Petitioners and the redirect of any
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`given witness produced by Zond within the timeframe normally
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`allotted by the rules for one cross-examination or redirect
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`examination.1
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`
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`1 Lastly, Zond also respectfully asks to reserve the right to request even further
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`consolidation after the Board’s decisions on whether to institute review in response
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`to the various Intel petitions on the same patent.
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`
`
`3
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`
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`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
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`
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`Date: September 2, 2014
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`
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`
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`
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` Respectfully submitted,
`
`/Gregory Gonsalves/
`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`4
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`
`
`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
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`CERTIFICATE OF SERVICE
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`
`
`
`
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`
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`The undersigned hereby certifies that a copy of the foregoing Patent Owner’
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`Opposition to Motion for Joinder was served via email on September 2, 2014,
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`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
`
`
`
` 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
`
`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
`
`
`5
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`
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`Patent No. 7,147,759
`IPR Nos. 2014-(0981, 0984, 0985, 0986, 0988, 1047, 1059, 1083,
`1086, 1087)
`
`
`
`
` Robinson Vu
` BAKER BOTTS LLP
` ONE SHELL PLAZA
` 910 LOUISIANA STREET
` HOUSTON, TX 77002
` Robinson.vu@bakerbotts.com
`
`Richard Goldenberg
`David Cavanaugh
`WILMER, CUTLER, PICKERING, HALE & DORR
`1875 PENNSYLVANIA AVENUE, NW
`WASHINGTON, DC 20006
`Richard.Goldenbert@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`
`
`
`/Gregory Gonsalves/
`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`
`
`6
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`