Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 20
`Entered: September 22, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ATOPTECH, INC.,
`Petitioner,
`
`v.
`
`SYNOPSYS, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01145 (6,237,127 B1)
`Case IPR2014-01150 (6,567,967 B2)
`Case IPR2014-01159 (6,567,967 B2)
`____________
`
`Before TRENTON A. WARD, PETER P. CHEN, and MINN CHUNG,
`Administrative Patent Judges.
`
`WARD, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 20
`Entered: September 22, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ATOPTECH, INC.,
`Petitioner,
`
`v.
`
`SYNOPSYS, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01145 (6,237,127 B1)
`Case IPR2014-01150 (6,567,967 B2)
`Case IPR2014-01159 (6,567,967 B2)
`____________
`
`Before TRENTON A. WARD, PETER P. CHEN, and MINN CHUNG,
`Administrative Patent Judges.
`
`WARD, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2014-01145 (6,237,127 B1)
`IPR2014-01150 (6,567,967 B2)
`IPR2014-01159 (6,567,967 B2)
`
`
`On August 25, 2015, pursuant to 37 C.F.R. § 42.70, Petitioner and Patent
`
`Owner requested oral hearing. Paper 19; Paper 20. A conference call was held on
`
`September 15, 2015, and attended by the respective counsel for the parties, to
`
`discuss the parties request for oral argument. The parties’ request for oral hearing
`
`is granted.
`
`Oral argument will be held on November 13, 2015 on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, commencing at
`
`1:00 PM ET. Each party will have a combined total of ninety (90) minutes of
`
`argument time. Petitioner bears the ultimate burden of proof that the claims at
`
`issue are unpatentable. Therefore, Petitioner will proceed first to present its case
`
`with regard to the challenged claims and grounds on which we instituted trial in
`
`these proceedings. Patent Owner then will argue its opposition to Petitioner’s case.
`
`Finally, Petitioner may use any time it reserved to rebut Patent Owner’s
`
`opposition. As discussed on the conference call, we will first hear argument on
`
`IPR2014-01145. Once both parties have been heard on IPR2014-01145, we will
`
`hear combined argument on both IPR2014-01150 and IPR2014-01159.
`
`The Board will provide a court reporter for the hearing and the reporter’s
`
`transcript will constitute the official record of the hearing. The hearing will be
`
`open to the public for in-person attendance that will be accommodated on a first-
`
`come, first-served basis. If the parties have any concern about disclosing
`
`confidential information, they are to contact the Board at least 10 days in advance
`
`of the hearing to discuss the matter.
`
` 2
`
`
`
`
`
`
`
`IPR2014-01145 (6,237,127 B1)
`IPR2014-01150 (6,567,967 B2)
`IPR2014-01159 (6,567,967 B2)
`
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
`
`deposition testimony must file such testimony as an exhibit. The Board will not
`
`consider any deposition testimony that has not been so filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`
`served at least five business days before the hearing. The parties shall provide a
`
`courtesy copy of any demonstrative exhibits to the Board at least five business
`
`days prior to the hearing by emailing them to Trials@uspto.gov. The parties shall
`
`not file any demonstrative exhibits in these proceedings without prior authorization
`
`from the Board.
`
`The parties must file any objections to the demonstratives with the Board at
`
`least two business days before the hearing. Any objection to the 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 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, IPR2013-00041 (PTAB
`
`January 27, 2014) (Paper 65), for guidance regarding the appropriate content of
`
`demonstrative exhibits.
`
`The Board expects lead counsel for each party to be present at oral hearing,
`
`although any backup counsel may make the actual presentation, in whole or in part.
`
`During the conference call, Ms. Fishman, lead counsel for Petitioner on IPR2014-
`
` 3
`
`
`
`
`
`
`
`IPR2014-01145 (6,237,127 B1)
`IPR2014-01150 (6,567,967 B2)
`IPR2014-01159 (6,567,967 B2)
`
`01150 and IPR2014-01159, indicated that she may not be able to be present for the
`
`oral hearing. We hereby authorize for Petitioner’s backup counsel to make the
`
`presentation for these two cases, regardless of whether lead counsel is present. If
`
`any other lead counsel for either party will not be in attendance at oral hearing, the
`
`Board should be notified via a joint telephone conference call no later than two
`
`business days prior to the oral hearing to discuss the matter.
`
`Any special requests for audio visual 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.
`
`
`
`PETITIONER:
`
`Jeffrey A. Miller
`Nisha Agarwal
`David Soofian
`Deborah E. Fishman
`Katie J.L. Scott
`Michael S. Tonkinson
`KAYE SCHOLER LLP
`Two Palo Alto Square, Suite 400
`3000 El Camino Real
`Palo Alto, CA 94306
`jeffrey.miller@kayescholer.com
`nisha.agarwal@kayescholer.com
`dfishmanptab@kayescholer.com
`kscottptab@kayescholer.com
`tonkinsonm@dicksteinshapiro.com
`
`
` 4
`
`
`
`
`
`
`
`IPR2014-01145 (6,237,127 B1)
`IPR2014-01150 (6,567,967 B2)
`IPR2014-01159 (6,567,967 B2)
`
`David Soofian
`Robert E. Bugg
`KAYE SCHOLER LLP
`250 West 55th Street
`New York, NY 10019-9710
`david.soofian@kayescholer.com
`robert.bugg@kayescholer.com
`
`PATENT OWNER:
`
`David W. Wu
`JONES DAY
`1755 Embarcadero Road
`Palo Alto, CA 94303
`dwwu@jonesday.com
`
`David Cochran
`Joseph Sauer
`JONES DAY
`901 Lakeside Avenue
`Cleveland, Ohio 44114
`dcochran@jonesday.com
`jmsauer@jonesday.com
`
`
`
` 5
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