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Trials@uspto.gov Paper No. 10 Paper No. 11
`
`571-272-7822
`Date Entered: January 30, 2015
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01493
`Patent 5,652,084
`____________
`
`
`
`Before, JACQUELINE WRIGHT BONILLA, JO-ANNE M. KOKOSKI, and
`KRISTINA M. KALAN Administrative Patent Judges.
`
`
`
`BONILLA, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Petitioner to File a Motion for Joinder
`37 C.F.R. § 42.122(b)
`
`

`
`IPR2014-01493
`Patent 5,652,084
`
`
`We instituted trial in a different proceeding, IPR2014-01030, on
`
`December 31, 2014. IPR2014-01030, Paper 7 (“Dec. to Inst.”). IPR2014-01030
`
`concerns the same patent at issue here, namely, U.S. Pat. No. 5,652,084. On
`
`January 27, 2015, counsel for Petitioner Samsung Electronics Co., Ltd.
`
`(“Samsung”) requested that it attend an initial conference call scheduled in
`
`IPR2014-01030, and asked that we address its request for authorization to file a
`
`motion to join as a party to IPR2014-01030. We authorized Samsung to
`
`participate in the call, and indicated that we would address its request to file a
`
`motion for joinder during the call.
`
` On January 28, 2015, an initial conference call was conducted among
`
`counsel for Petitioner Taiwan Semiconductor Manufacturing Company, Ltd.
`
`(“TSMC”) in IPR2014-01030, counsel for Patent Owner DSS Technology
`
`Management, Inc. (“Patent Owner”), counsel for Samsung, and Judges Franklin,
`
`Bonilla, Kokoski, and Kalan. The purpose of the call was to determine if the
`
`parties have any issues concerning the Scheduling Order (Paper 8) in IPR2014-
`
`01030 and to discuss any motions contemplated by the parties, including
`
`Samsung’s proposed motion for joinder in the current case.
`
`Samsung requests authorization to file a motion to join as a party to
`
`IPR2014-01030. In the event of joinder, Samsung agrees to limit its Petition to
`
`grounds upon which we instituted trial in IPR2014-01030. Dec. to Inst. 19.
`
`Samsung agrees to consolidated filings and discovery with TSMC, and to rely on
`
`the same expert as TSMC, Dr. Richard Blanchard. Samsung requests that it and
`
`TSMC conduct cross-examination of any witnesses produced by Patent Owner,
`
`and redirect of any witnesses produced by Petitioners, within the same timeframe
`
`normally allotted by the rules for one party. In addition, Samsung requests that, in
`
`
`
`2
`
`

`
`IPR2014-01493
`Patent 5,652,084
`
`the event of joinder, we proceed as outlined in the Scheduling Order in IPR2014-
`
`01030 (Paper 8).
`
`During the call, neither TSMC nor Patent Owner objected to Samsung’s
`
`requests as discussed above. We authorized Samsung to file a motion for joinder,
`
`presenting the information discussed above, by Friday, January 30, 2015.
`
`
`
`Accordingly, it is
`
`ORDERED that Samsung is authorized to file a motion for joinder, as
`
`3
`
`discussed above.
`
`
`
`PETITIONER:
`
`
`Christopher Marando
`Christopher.marando@weil.com
`
`Brian Ferguson
`Brian.ferguson@weil.com
`
`
`
`PATENT OWNER:
`
`
`Andriy Lytvyn
`andriy.lytvyn@smithhopen.com
`
`Anton Hopen
`anton.hopen@smithhopen.com

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