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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`------------------------------------------X
`WESTERNGECO LLC,
`
` PETITIONER,
`
` -against- Cases IPR2015-00309, -00310, -00311 and -00313
`
`PGS GEOPHYSICAL AS,
`
` PATENT OWNER.
`------------------------------------------X
`
` DATE: July 8, 2015
` TIME: 12:09 p.m.
`
` CONFERENCE, held before LA TONIA C.
`LEWIS, RPR, a Notary Public of the State of New
`York.
`
`Job No: 94470
`
`TSG Reporting - Worldwide 877-702-9580
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`WesternGeco Ex. 1018, pg. 1
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 2
`
` PROCEEDINGS
`A P P E A R A N C E S:
`
`WILLIAMS & CONNOLLY
` Attorneys for Patent Owner
` 725 Twelfth Street, N.W.
` Washington, D.C. 20005
` BY: DAVID KRINSKY, ESQ.
` DAVID DERL, ESQ.
`
`OBLON McCLELLAND MAIER & NEUSTADT
` Attorneys for Petitioner
` 1940 Duke Street
` Alexandria, Virginia 22314
` BY: MICHAEL KIKLIS, ESQ.
` CHRISTOPHER RICCIUTI, ESQ.
` KATHERINE CAPPAERT, ESQ.
`
`INHOUSE COUNSEL APPEARANCE FOR WESTERNGECO: MITCH BLAKLEY, ESQ.
`
`BEFORE: JUDGE HUNTLEY and JUDGE BUSH
`
`* * *
`
`TSG Reporting - Worldwide 877-702-9580
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`WesternGeco Ex. 1018, pg. 2
`WesternGeco v PGS
`IPR2015-00309
`
`

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` PROCEEDINGS
` MR. HUNTLEY. This is Judge Huntley
` for conference IPR 2015-00309, 310, 311,
` and 313. And I'm joined today by Judge
` Bush. Let's begin with introductions.
` Who do I have on the line for the
` petitioner?
` MR. KIKLIS: From Oblon, Mike
` Kiklis. With me is Chris Ricciuti and
` Kate Cappaert. I believe, we also have
` inhouse counsel, Mike Blakely on the
` phone.
` MR. BLAKE: That's correct. I am
` here.
` THE COURT: Thank you very much. It
` is a little difficult to hear you
` Mr. Kiklis, if you can speak up a little.
` I would appreciate it.
` MR. KIKLIS: My apologies, your
` Honor. We also have a court reporter on
` the line, your Honor, that we arranged.
` THE COURT: Okay. All right. Thank
` you very much for letting me know that. I
` presume that the court reporter will get
` all the names and since you're responsible
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 3
`WesternGeco v PGS
`IPR2015-00309
`
`

`
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` PROCEEDINGS
` for the court reporter, please, file a
` copy of the transcript, Mr. Kiklis, if you
` can. And who do we have for the patent
` owner.
` MR. KRINSKY: This is David Krinsky
` from Williams & Connolly. With me is
` David Derl.
` THE COURT: Mr. Krinsky, how do you
` spell your name?
` MR. KRINSKY: K-R-I-N-S-K-Y.
` THE COURT: Thank you very much. I
` will also ask counsel before you speak
` just announce your name so that we know
` who is who.
` MR. KRINSKY: Certainly, your Honor.
` THE COURT: One of the purposes of
` this call is really to establish the
` groundwork for this proceeding. I know
` that both parties are very experienced
` with these proceedings and involved in
` other proceedings. And so based on that,
` I presume that both parties are already
` aware of the need to meet and confer to
` resolve any disputes they may have prior
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 4
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 5
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` PROCEEDINGS
` to contacting the board. Just be aware
` that if you don't, you run the risk of the
` board issuing an order that may not be as
` favorable as had each of you tried to work
` it out yourself.
` Now, as to these proceedings for
` purposes of efficiency, the panel wants
` the IPR to follow the same schedule. If
` this does become problematic, please let
` the panel know. As you are probably aware
` then, the parties can stipulate to due
` dates one through five, but not go any
` later than due date six. Notify the board
` of any changes and properly file a notice
` of stipulation. If some changes are made
` later, please, contact the board as soon
` as possible.
` As you know as it gets closer to the
` hearing date, these dates are difficult to
` change and we will stay with the deadline.
` Mr. Kiklis, do you have any proposed
` changes to the scheduling order?
` MR. KIKLIS: Not at this point, your
` Honor.
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 5
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 6
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` PROCEEDINGS
` THE COURT: And for patent owner.
` MR. KRINSKY: Not at this time your
` Honor.
` THE COURT: I see there is no
` protective order at this time. Is one
` anticipated?
` MR. KIKLIS: Sorry, your Honor. We
` haven't really considered that yet. I
` supposed I would have to talk to opposing
` counsel and get back with you on that.
` THE COURT: Okay. And then, Mr.
` Krinsky.
` MR. KRINSKY: We contemplate that we
` will want one, but we will discuss that
` with opposing counsel.
` THE COURT: All right. And you're
` probably aware that at the time there is a
` protective order.
` Moving on to determine if the
` parties have any agreements in place of
` additional discovery from the beginning
` with the petitioner, is there anything?
` MR. KRINSKY: There are no
` agreements in place for discovery at this
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 6
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 7
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` PROCEEDINGS
` point. The only thing being discussed
` with the parties is deposition time.
` THE COURT: Okay. I presume you
` will be able to work that out between the
` two of you.
` MR. KRINSKY: We don't have any
` other issues. We certainly hope so, your
` Honor.
` THE COURT: Thank you. And --
` MR. KIKLIS: Your Honor, if I may, I
` think there is a proposal from the patent
` owner and I think we are in a point of
` disagreement that we can get the board's
` input on.
` MR. KRINSKY: This is David Krinsky
` for patent owner. That's the first I
` heard of this, sorry to say.
` THE COURT: It sounds like it is
` something that the both of you need to
` work on offline. And then probably
` contact the board. Is this anything that
` has to do with discovery and depositions?
` MR. KIKLIS: It has to do with
` deposition time. Your Honor.
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 7
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 8
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` THE COURT: The multi --
` MR. KIKLIS: The multi time. I would
` be happy to go into the details.
` THE COURT: Not at this point, at
` this time, discuss it with the patent
` owner, if you cannot come to an agreement,
` come back to the board. At this time, I
` would like to request the statement
` requesting additional discovery beginning
` with petitioner.
` MR. KIKLIS: At this point, we don't
` anticipate that, of course that could
` change.
` THE COURT: Mr. Krinsky.
` MR. KRINSKY: We don't anticipate
` that at this time either.
` THE COURT: As far as motions to
` amend, Mr. Krinsky, do you believe that
` you will be filing one?
` MR. KRINSKY: Your Honor, we haven't
` made a decision about that at this time,
` at this time, we certainly can't say that
` we will -- but I don't want to rule it out
` at this time.
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 8
`WesternGeco v PGS
`IPR2015-00309
`
`

`
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` THE COURT: Okay. If you decide --
` if patent owner decides that that's the
` route they want to take, just confer with
` the panel prior to filing so we can
` provide guidance if there are any
` technical requirements.
` MR. KRINSKY: Thank you, your Honor,
` we will certainly do that.
` THE COURT: In reviewing now what
` was no other -- any other motions
` anticipated at this time.
` Is there anything else, other
` motions that the parties anticipate?
` MR. KIKLIS: At this point, we don't
` have any anticipated motions.
` THE COURT: Okay. And patent owner.
` MR. KRINSKY: No, at this time, we
` don't have any obviously, subject to
` change. But at this time there is nothing
` else to discuss.
` THE COURT: Okay. And as far as the
` question of settlement, is there -- have
` the parties discussed settlement in the
` related cases, the district court cases.
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 9
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 10
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` Mr. Kiklis, are you able to say?
` MR. KIKLIS: Your Honor, I don't
` have any information on that.
` THE COURT: Okay.
` MR. KRINSKY: I don't either, your
` Honor.
` THE COURT: All right. Thank you.
` And then are there any other questions or
` comments beginning with petitioner?
` MR. KRINSKY: No, your Honor, I
` think we're good.
` THE COURT: Okay. Thank you. And
` the patent owner, anything else?
` MR. KIKLIS: Yes, your Honor, one
` housekeeping matter, as your Honor, is
` aware. We have four different IPR orders,
` here that are about four different
` patents. It seems to me it would be more
` sufficient for the parties and the board
` if we didn't have to file everything in
` triplicate as to the three IPR's about the
` 198 Patent. I don't know if your Honor
` would be willing to put in some sort of
` consolidation or authorization to file
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 10
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 11
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` joint proceedings or file exhibits on
` those proceedings. Anything along those
` lines would be heavily --
` THE COURT: Well, consolidation is
` one option that the board can exercise. I
` will take that up with the panel. Let me
` put the parties on hold for a minute. And
` the panel will confer.
` (Off the record discussion held.)
` THE COURT: The panel is back on.
` Okay at this point the panel is going to
` take your request under advisement. And
` are you concerned with any particular
` filing or just in general?
` MR. KRINSKY: Again, I think in
` general -- to be clear here, the three 313
` proceedings, we see as totally separate,
` but 309, 310 and 311 all concern the same
` subject matter, they all concern the same
` patent. I don't know that it makes sense
` to file three separate copies of each
` pleading that will look similar although
` not entirely identical. I think what we
` would propose would be some extension of
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 11
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 12
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` PROCEEDINGS
` the page limits for response and reply,
` but then a single consolidated response
` and reply across all three of those
` proceedings under one patent.
` MR. KIKLIS: Your Honor, if I may
` respond.
` THE COURT: Yes.
` MR. KIKLIS: Your Honor, this is the
` first we heard of this. We were aware of
` no proposal to be made for this board for
` this panel, for this case to be
` consolidated anyway. So I have not had
` the opportunity to confer with my client.
` We are unclear about exactly what PGS is
` proposing in terms of page count and what
` it means for consolidation. We will
` request briefing on this issue. We would
` request that PGS specify exactly what it
` is that they are proposing and give us an
` opportunity to consider and respond. I
` have not been given the opportunity to
` think through these issues nor have been
` given the opportunity to confer with my
` client.
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 12
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 13
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` THE COURT: At this point, what the
` panel is going to do is, first counsel is
` going to decide if we would even consider
` consolidation. Consolidation is an option
` that's available to the panel at their
` discretion and we will make a
` determination that will be in the convex
` of the proceedings order that we will
` issue. If we determine that proceedings
` is necessary; we will include that in the
` order. And as far as page limits,
` obviously, if you maintain three
` proceedings you are essentially being --
` if you don't consolidate, you will have
` official page limits, where you will have
` three separate proceedings. That's what
` we'll do. At this point in time any other
` questions?
` MR. KIKLIS: Your Honor, I believe
` we haven't had any other opportunities --
` we haven't heard a proposal for page
` limits or page counts from the other side.
` And we would like the opportunity to see a
` proposal so that we can address it and
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 13
`WesternGeco v PGS
`IPR2015-00309
`
`

`
`Page 14
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` present that side of our issue, your
` Honor. We would like an opportunity to be
` heard on that. First we need to know what
` the proposal is.
` THE COURT: What my proposal is, is
` that each of you meet and confer if you
` are requesting additional page limits
` before you come to the board with that
` request. Right now, I don't believe there
` is a request on the table for additional
` page limits. The only request was whether
` we would consider consolidation. The
` panel will take it under advisement
` whether we will consider consolidation and
` if it is an option that we will even
` consider, then we may request additional
` briefing. But at this point, I don't see
` the need for additional briefing at this
` point until the panel has made a
` determination.
` MR. KRINSKY: Thank you very much,
` your Honor.
` MR. KIKLIS: Thank you, your Honor.
` THE COURT: This conference is
`
`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 14
`WesternGeco v PGS
`IPR2015-00309
`
`

`
` PROCEEDINGS
` concluded. Thank you, counsel.
` (Whereupon, at 12:25 p.m., the above
` matter concluded.)
`
`Page 15
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`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 15
`WesternGeco v PGS
`IPR2015-00309
`
`

`
` C E R T I F I C A T E
`
`Page 16
`
`STATE OF NEW YORK )
` ) ss.:
`COUNTY OF NEW YORK )
`
` I, LA TONIA C. LEWIS, a Notary
`Public within and for the State of New
`York, do hereby certify that the within is a
`true and accurate transcript, to the best of my
`ability, of the proceedings held on July 8,
`2015.
` That I am not related to any of the
`parties to this action by blood or
`marriage; and that I am in no way
`interested in the outcome of this matter.
` I have hereunto set my hand this 20th
`day of July, 2015.
`
` -------------------------
` LA TONIA C. LEWIS
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`TSG Reporting - Worldwide 877-702-9580
`
`WesternGeco Ex. 1018, pg. 16
`WesternGeco v PGS
`IPR2015-00309

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