Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`Entered: May 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`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.
`____________
`
`Cases IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-010761
`Patent 6,805,779 B2
`____________
`
`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
`Granting Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`
`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.
`
`
`571-272-7822
`
`
`
`
`
`
`
`Entered: May 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`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.
`____________
`
`Cases IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-010761
`Patent 6,805,779 B2
`____________
`
`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
`Granting Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`
`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.
`
`
`
`IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-01076
`Patent 6,805,779 B2
`
`
`
`The Scheduling Order for these proceedings provided that an oral
`
`
`
`hearing would be conducted if the hearing is requested by the parties and
`
`granted by the Board. Paper 10.2 Petitioner requests oral hearing pursuant
`
`to 37 C.F.R. § 42.70 in each above-identified inter partes review. Paper 45.
`
`The requests are granted.
`
`These proceedings are related, and all proceedings will be conducted
`
`as a single consolidated hearing, such that any representation made by
`
`counsel at the consolidated hearing is applicable to and useable in each
`
`proceeding that has an underlying basis for the representation. Each party
`
`will have two hours of total time to present arguments for all of the
`
`proceedings. Petitioner bears the ultimate burden of proof that Patent
`
`Owner’s claims at issue are unpatentable. Thus, Petitioner will open the
`
`hearing by presenting its case regarding the challenged claims for which we
`
`instituted trial. Petitioner may reserve some of its argument time for
`
`rebuttal. Thereafter, Patent Owner will respond to Petitioner’s presentation.
`
`The hearing will commence at 9:00 AM ET on June 15, 2015, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing and will
`
`be entered in the record of each proceeding. The hearing will be open to the
`
`public for in-person attendance that will be accommodated on a first-come,
`
`first-served basis.
`
`
`2 All citations are to IPR2014-00828, as representative, unless otherwise
`noted.
`
`
`
`2
`
`
`
`IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-01076
`Patent 6,805,779 B2
`
`
`
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`
`be served at least five business days before the hearing date. Barring any
`
`objections to the demonstratives by the opposing party, the parties are
`
`authorized to file any demonstrative exhibits in this proceeding in PRPS
`
`three business days prior to the oral hearing date. The parties also should
`
`note that one or more members of the panel will be attending the hearing
`
`electronically from a remote location and will not be able to view the
`
`projection screen in the hearing room. The parties are reminded that the
`
`presenter must identify clearly and specifically each demonstrative exhibit
`
`(e.g., by slide or screen number) referenced during the hearing to avoid
`
`confusion, and to ensure the clarity and accuracy of the reporter’s transcript.
`
`If there are objections to the demonstratives, the party raising the
`
`objections must communicate those objections via email to
`
`Trials@uspto.gov. Any objection to demonstrative exhibits that is not
`
`presented timely will be considered waived. The objections should identify
`
`with particularity which demonstratives are subject to objection and include
`
`a short (one sentence or less) statement of the reason for each objection.
`
`No argument or further explanation is permitted. The Board will consider
`
`the objections and schedule a conference if deemed necessary. Otherwise,
`
`the Board will reserve ruling on the objections until at or after the oral
`
`argument. The parties are directed to St. Jude Medical, Cardiology Division,
`
`Inc. v. The Board of Regents of the University of Michigan, Case IPR2013-
`
`00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the
`
`appropriate content of demonstrative exhibits. See also CBS Interactive Inc.
`
`v. Helferich Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23,
`
`
`
`3
`
`
`
`IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-01076
`Patent 6,805,779 B2
`
`
`2013) (Paper 118) (The Board has the discretion to limit the parties’
`
`
`
`demonstratives to pages in the record should there be no easy resolution to
`
`objections over demonstratives.).
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, any counsel of record may present the party’s
`
`argument. If either party expects that its lead counsel will not be attending
`
`the oral argument, the parties should initiate a joint telephone conference
`
`with the Board no later than two business days prior to the oral hearing to
`
`discuss the matter.
`
`Any special requests for audiovisual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored
`
`unless presented in a separate communication not less than five days before
`
`the hearing, directed to the above email address.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-01076
`Patent 6,805,779 B2
`
`For PATENT OWNER:
`
`
`
`
`
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Bruce J. Barker
`bbarker@chsblaw.com
`
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
`
`
`
`For PETITIONERS:
`
`GlobalFoundries:
`
`David Tennant
`dtennant@whitecase.com
`
`Dohm Chankong
`dohm.chankong@whitecase.com
`
`
`Gillette:
`
`Michael A. Diener
`michael.diener@wilmerhale.com
`
`Larissa B. Park
`larissa.park@wilmerhale.com
`
`
`
`Fujitsu:
`
`David L. McCombs
`david.mccombs.ipr@haynesboone.com
`
`David M O’Dell
`david.odell.ipr@haynesboone.com
`
`Richard C. Kim
`rckim@duanemorris.com
`
`
`
`
`5
`
`
`
`IPR2014-00828; IPR2014-00829; IPR2014-00917;
`IPR2014-01073; IPR2014-01076
`Patent 6,805,779 B2
`
`AMD:
`
`
`
`
`
`6
`
`Brian M. Berliner
`bberliner@omm.com
`
`Ryan K. Yagura
`ryagura@omm.com
`
`Xin-Yi Zhou
`vzhou@omm.com
`
`
`Toshiba:
`
`Robinson Vu
`Robinson.vu@bakerbotts.com
`
`
`Renesas:
`
`John J. Feldhaus
`jfeldhaus@foley.com
`
`Pavan Agarwal
`pagarwal@foley.com
`
`Mike Houston
`mhouston@foley.com
`
`
`
`
`
`
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