Paper No. 20
`Trials@uspto.gov
`571-272-7822
`
`Entered: April 15, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`SILERGY CORPORATION,
`Petitioner,
`
`v.
`
`MONOLITHIC POWER SYSTEMS, INC.,
`Patent Owner.
`
`
`
`Case IPR2015-00803 (Patent 8,283,758 B2)
` Case IPR2015-00804 (Patent 8,361,899 B2)1
`
`
`
`
`Before MICHAEL R. ZECHER, CHRISTOPHER L. CRUMBLEY, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 This Order addresses an issue that is identical in both cases. We exercise our
`discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`Entered: April 15, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`SILERGY CORPORATION,
`Petitioner,
`
`v.
`
`MONOLITHIC POWER SYSTEMS, INC.,
`Patent Owner.
`
`
`
`Case IPR2015-00803 (Patent 8,283,758 B2)
` Case IPR2015-00804 (Patent 8,361,899 B2)1
`
`
`
`
`Before MICHAEL R. ZECHER, CHRISTOPHER L. CRUMBLEY, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 This Order addresses an issue that is identical in both cases. We exercise our
`discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`
`
`IPR2015-00803 (Patent 8,283,758 B2)
`IPR2015-00804 (Patent 8,361,899 B2)
`
`
`
`On September 11, 2015, we instituted an inter partes review as to claims 1–
`7 of U.S. Patent No. 8,283,758 B2. Case IPR2015-00803, Paper 9. On September
`15, 2015, we instituted an inter partes review only as to claims 1–8 and 10 of U.S.
`Patent No. 8,361,899 B2. Case IPR2015-00804, Paper 10. We exercised our
`discretion to issue one Scheduling Order for both proceedings. Case IPR2015-
`00803, Paper 10; Case IPR2015-00804, Paper 11. Both parties requested an oral
`argument for these proceedings pursuant to 37 C.F.R. § 42.70(a). Case IPR2015-
`00803, Papers 17, 19; Case IPR2015-00804, Papers 18, 20. The parties’ requests
`are granted-in-part.
`Petitioner, Silergy Corporation (“Silergy”), requests two (2) hours, in total,
`to present arguments for both proceedings. Case IPR2015-00803, Paper 17; Case
`IPR2015-00804, Paper 18. Patent Owner, Monolithic Power Systems,
`Incorporated (“Monolithic”), did not request a specific amount of oral argument
`time. See generally Case IPR2015-00803, Paper 19; Case IPR2015-00804, Paper
`20. We have reviewed the issues that the parties intend to address during the
`hearing, but because these proceedings involve just seven and nine claims,
`respectively, two hours of oral argument time, in total, should be more than
`sufficient to address these issues. Accordingly, each party will have one (1) hour
`of total time to present its arguments in both proceedings.
`Silergy bears the ultimate burden of proof that the challenged claims are
`unpatentable based on the grounds of unpatentability (“grounds”) instituted in
`these proceedings. 35 U.S.C. § 316(e). Silergy, therefore, will proceed first to
`present its case as to the challenged claims and the grounds instituted in Case
`IPR2015-00803. Silergy may reserve rebuttal time. Thereafter, Monolithic will
`respond to Silergy’s case. Silergy then will make use of its rebuttal time to
`respond to Monolithic’s case. After completion of all the parties’ arguments in
`
`
`
`2
`
`
`
`
`
`IPR2015-00803 (Patent 8,283,758 B2)
`IPR2015-00804 (Patent 8,361,899 B2)
`
`
`Case IPR2015-00803, the parties then will proceed to follow this same procedure
`for Case IPR2015-00804.
`
`The hearing will commence at 1:00 PM Eastern Time on Wednesday,
`May 11, 2016, and it will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first-come first-serve basis. We
`will provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven (7) business days before the hearing date. They shall be filed with
`the Board no later than the time of the hearing. The parties must initiate a
`conference call with us at least two (2) business days prior to the hearing date to
`resolve any dispute over the propriety of each party’s demonstrative exhibits. For
`guidance on what constitutes an appropriate demonstrative exhibit, the parties are
`directed to CBS Interactive Inc., v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118).
`We expect lead counsel for each party to be present at the hearing; however,
`any backup counsel may make the actual presentation, in whole or in part. See
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`If lead counsel for either party is unable to attend the hearing, the parties shall
`request a joint telephone conference call no later than two (2) business days prior
`to the hearing date to discuss the matter.
`We take this opportunity to remind the parties that each presenter must
`identify clearly and specifically each demonstrative exhibit, e.g., by slide or screen
`number, referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that at least one member of the
`
`
`
`3
`
`
`
`IPR2015-00803 (Patent 8,283,758 B2)
`IPR2015-00804 (Patent 8,361,899 B2)
`
`
`panel will be attending the hearing electronically from a remote location. If the
`parties have questions as to whether demonstrative exhibits would be sufficiently
`visible and available to each of the Administrative Patent Judges presiding over the
`hearing, the parties are invited to contact the Board at 571-272-9797.
`Requests for audio-visual equipment are to be made at least five (5) business
`days in advance of the hearing date. The request should be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may not be
`available on the day of the hearing.
`
`
`
`
`
`4
`
`
`
`
`
`
`
`IPR2015-00803 (Patent 8,283,758 B2)
`IPR2015-00804 (Patent 8,361,899 B2)
`
`For PETITIONER:
`Andrew J. Gray IV
`Dion M. Bregman
`Morgan, Lewis, & Bockius LLP
`agray@morganlewis.com
`dbregman@morganlewis.com
`
`
`
`For PATENT OWNER:
`
`Bing Ai
`John Schnurer
`Hwa C. Lee
`Kevin Patariu
`Perkins Coie LLP
`Ai-ptab@perkinscoie.com
`JSchnurer@perkinscoie.com
`HLee@perkinscoie.com
`KPatariu@perkinscoie.com
`
`
`
`
`
`5
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