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`571-272-7822
`Date Entered: January 30, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SAMSUNG ELECTRONICS CO., LTD,
`Petitioner,
`
`v.
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`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01493
`Patent 5,652,084
`____________
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`
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`Before, JACQUELINE WRIGHT BONILLA, JO-ANNE M. KOKOSKI, and
`KRISTINA M. KALAN Administrative Patent Judges.
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`
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`BONILLA, Administrative Patent Judge.
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`
`
`ORDER
`Authorizing Petitioner to File a Motion for Joinder
`37 C.F.R. § 42.122(b)
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`
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`IPR2014-01493
`Patent 5,652,084
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`We instituted trial in a different proceeding, IPR2014-01030, on
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`December 31, 2014. IPR2014-01030, Paper 7 (“Dec. to Inst.”). IPR2014-01030
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`concerns the same patent at issue here, namely, U.S. Pat. No. 5,652,084. On
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`January 27, 2015, counsel for Petitioner Samsung Electronics Co., Ltd.
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`(“Samsung”) requested that it attend an initial conference call scheduled in
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`IPR2014-01030, and asked that we address its request for authorization to file a
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`motion to join as a party to IPR2014-01030. We authorized Samsung to
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`participate in the call, and indicated that we would address its request to file a
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`motion for joinder during the call.
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` On January 28, 2015, an initial conference call was conducted among
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`counsel for Petitioner Taiwan Semiconductor Manufacturing Company, Ltd.
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`(“TSMC”) in IPR2014-01030, counsel for Patent Owner DSS Technology
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`Management, Inc. (“Patent Owner”), counsel for Samsung, and Judges Franklin,
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`Bonilla, Kokoski, and Kalan. The purpose of the call was to determine if the
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`parties have any issues concerning the Scheduling Order (Paper 8) in IPR2014-
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`01030 and to discuss any motions contemplated by the parties, including
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`Samsung’s proposed motion for joinder in the current case.
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`Samsung requests authorization to file a motion to join as a party to
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`IPR2014-01030. In the event of joinder, Samsung agrees to limit its Petition to
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`grounds upon which we instituted trial in IPR2014-01030. Dec. to Inst. 19.
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`Samsung agrees to consolidated filings and discovery with TSMC, and to rely on
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`the same expert as TSMC, Dr. Richard Blanchard. Samsung requests that it and
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`TSMC conduct cross-examination of any witnesses produced by Patent Owner,
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`and redirect of any witnesses produced by Petitioners, within the same timeframe
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`normally allotted by the rules for one party. In addition, Samsung requests that, in
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`2
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`IPR2014-01493
`Patent 5,652,084
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`the event of joinder, we proceed as outlined in the Scheduling Order in IPR2014-
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`01030 (Paper 8).
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`During the call, neither TSMC nor Patent Owner objected to Samsung’s
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`requests as discussed above. We authorized Samsung to file a motion for joinder,
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`presenting the information discussed above, by Friday, January 30, 2015.
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`Accordingly, it is
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`ORDERED that Samsung is authorized to file a motion for joinder, as
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`3
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`discussed above.
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`PETITIONER:
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`Christopher Marando
`Christopher.marando@weil.com
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`Brian Ferguson
`Brian.ferguson@weil.com
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`
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`PATENT OWNER:
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`Andriy Lytvyn
`andriy.lytvyn@smithhopen.com
`
`Anton Hopen
`anton.hopen@smithhopen.com