Paper 32
`Trials@uspto.gov
`571-272-7822 Entered June 1, 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 IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)1
`____________
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L. C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`MEYER, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`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.
`
`

`
`
`
`Cases IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)
`
`
`The Scheduling Orders 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 11.2 The parties request oral hearing pursuant to 37 C.F.R. § 42.70
`in each above-identified inter partes review. Paper 48; Paper 49. On May 21,
`2015, a conference call was held between respective counsel for the parties and
`Judges Turner, Stephens, Chang, Mitchell, and Meyer. Petitioner requested the
`conference call to discuss the timing and logistics of the oral hearing. Although we
`scheduled a consolidated oral hearing for these proceedings involving Patent
`No. 6,853,142 B2 and Patent No. 7,604,716 B2, as requested by the parties, for
`efficiency (Paper 36), we are mindful of the logistical challenges for the parties.
`During the conference call, we encouraged the parties to confer and reach an
`agreement regarding these issues. On May 28, 2015, the parties emailed their
`proposals to the Board. Ex. 3002. Upon consideration of the facts before us, we
`hereby grant the parties’ requests for a consolidated oral hearing as to the above-
`identified inter partes reviews.
`The hearing will commence at 10:00 AM ET on June 12, 2015, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`For each involved patent, each party will have one hour of total time to present
`arguments in the manner provided here in this Order. 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. 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
`
`
`2 All citations are to IPR2014-00807, as representative.
`2
`
`
`

`
`
`
`Cases IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)
`
`
`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. After the parties’ presentation for the first involved patent,3 a lunch
`break will be provided. The hearing will resume at 1:30 PM ET, for the second
`involved patent.
`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.
`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.
`
`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.
`3
`
`
`

`
`
`
`Cases IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)
`
`
`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, 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
`
`
`

`
`
`
`Cases IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)
`
`
`For PATENT OWNER:
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`Bruce J. Barker
`bbarker@chsblaw.com
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
`
`For PETITIONERS:
`Fujitsu:
`David L. McCombs
`david.mccombs.ipr@haynesboone.com
`David M O’Dell
`david.odell.ipr@haynesboone.com
`Richard C. Kim
`rckim@duanemorris.com
`
`AMD:
`Brian M. Berliner
`bberliner@omm.com
`Ryan K. Yagura
`ryagura@omm.com
`Xin-Yi Zhou
`vzhou@omm.com
`
`Renesas:
`John J. Feldhaus
`jfeldhaus@foley.com
`
`5
`
`
`

`
`
`
`Cases IPR2014-00807; IPR2014-00808; IPR2014-01099;
`IPR2014-01100 (Patent 7,604,716 B2)
`Cases IPR2014-00818; IPR2014-00819; IPR2014-00821;
`IPR2014-00827; IPR2014-01098 (Patent 6,853,142 B2)
`
`
`Pavan Agarwal
`pagarwal@foley.com
`Mike Houston
`mhouston@foley.com
`
`GlobalFoundries:
`David Tennant
`dtennant@whitecase.com
`Dohm Chankong
`dohm.chankong@whitecase.com
`
`Toshiba:
`Robinson Vu
`Robinson.vu@bakerbotts.com
`
`Gillette:
`Michael A. Diener
`michael.diener@wilmerhale.com
`Larissa B. Park
`larissa.park@wilmerhale.com
`
`
`6