UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` GOOGLE, INC.,
` Petitioner
` v.
` SUMMIT 6 LLC
` Patent Owner
`
` * * * * * * * * * * * * *
` TELEPHONIC HEARING
` SEPTEMBER 29, 2016
` * * * * * * * * * * * * *
`
` TELEPHONIC HEARING was taken in the
`above-styled and numbered cause on the 29th of
`September, 2016, from 10:30 a.m. to 10:36 a.m.,
`before RHONDA HOWARD, CSR in and for the State of
`Texas, reported by machine shorthand, pursuant to
`the Federal Rules of Civil Procedure and the
`provisions stated on the record or attached hereto.
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` GOOGLE, INC.,
` Petitioner
` v.
` SUMMIT 6 LLC
` Patent Owner
`
` * * * * * * * * * * * * *
` TELEPHONIC HEARING
` SEPTEMBER 29, 2016
` * * * * * * * * * * * * *
`
` TELEPHONIC HEARING was taken in the
`above-styled and numbered cause on the 29th of
`September, 2016, from 10:30 a.m. to 10:36 a.m.,
`before RHONDA HOWARD, CSR in and for the State of
`Texas, reported by machine shorthand, pursuant to
`the Federal Rules of Civil Procedure and the
`provisions stated on the record or attached hereto.
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`September 30, 2016
`
`Page 2
`
` APPEARANCES
`
`USPTO JUDGES:
`Judge Blankenship, Present telephonically
`Judge Braden, Present telephonically
`
`FOR THE PETITIONER, GOOGLE, INC.:
`Mr. Michael Morlock, Present telephonically
`Mr. John C. Alemanni, Present telephonically
`KILPATRICK, TOWNSEND & STOCKTON
`1001 W. 4th Street
`Winston-Salem, North Carolina 27101
`(336) 607-7391
`mmorlock@kilpatricktownsend.com
`
`FOR THE PATENT OWNER, SUMMIT 6 LLC:
`Mr. John Shumaker, Present telephonically
`LEE & HAYES
`11501 Alterra Parkway, Suite 450
`Austin, Texas 78758
`(512) 605-0253
`LindaC@leehayes.com
`
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`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`September 30, 2016
`
`Page 3
`
` INDEX
`
`Appearances 2
`
`Hearing begins 4
`
`Reporter's Certification 9
`
` NO EXHIBITS MARKED
`
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`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`,
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`September 30, 2016
`
`Page 4
`
` (10:30 a.m.)
` THE REPORTER: Do you know if you'll
`want a copy of the transcript, sir?
` MR. MORLOCK: Likely don't need it.
` THE REPORTER: Okay. You can just
`let me know at the end if you change your mind.
` JUDGE BRADEN: On the line for Patent
`Owner, who do we have?
` MR. SHUMAKER: John Schumaker from
`Lee & Hayes.
` JUDGE BRADEN: Anyone else for Patent
`Owner?
` MR. SHUMAKER: No.
` JUDGE BRADEN: Patent Owner, were you
`the one who secured the court reporter?
` MR. SHUMAKER: Yes, I was.
` JUDGE BRADEN: Please make sure that
`you get a transcript of today's call and file it in
`the proceeding as an exhibit.
` MR. SHUMAKER: All right. Will do.
` JUDGE BRADEN: On the line for
`Petitioner, who do we have?
` MR. MORLOCK: This is Michael Morlock
`from Kilpatrick Townsend for Petitioner.
` JUDGE BRADEN: Anyone else for
`
`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
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`September 30, 2016
`
`Page 5
`
`Petitioner?
` MR. MORLOCK: Also with me is John
`Alemanni, lead counsel.
` JUDGE BRADEN: Anyone else for
`Petitioner?
` MR. MORLOCK: Just the two of us,
`thank you.
` JUDGE BRADEN: Very good. We
`understand that Patent Owner requested the
`conference call today to discuss limiting the public
`availability of proceeding documents pending its
`appeal to the Federal Circuit. So let's go ahead
`and hear from Patent Owner first.
` MR. SHUMAKER: Yes. Thank you --
`thank you very much, Your Honor.
` Patent Owner expects and intends to file a
`notice of appeal with the Federal Circuit for both
`of these cases. And in that event what Patent Owner
`requests is that the record in the proceeding --
`actually, both proceedings be preserved pending the
`outcome of any possible appeal. And in particular,
`we request that there -- that all sealed documents
`would be preserved in their nonpublic form pending
`the appeal.
` And after the appeal then Patent Owner
`
`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`,
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`September 30, 2016
`
`Page 6
`will come back to the Board and then address any
`remaining sealed documents that would be in the
`record at that particular point in time after the
`appeal.
` JUDGE BRADEN: Very good.
`Petitioner, do you have any objection or any comment
`on Patent Owner's position?
` MR. MORLOCK: No, Your Honor. We do
`not oppose.
` JUDGE BRADEN: Very good. The Board
`will issue an order allowing the record to stay as
`it is with the sealed documents maintaining -- being
`sealed pending the termination of any appeal by
`Patent Owner.
` However, the Board does require that the
`joint stipulation that was discussed in our order
`issued on September 16th, 2016, which is Paper 57 in
`proceeding I believe it's 807, it requires the party
`to identify with particularity the exact portions of
`all sealed papers and exhibits that are cited in the
`final written decision that was issued October 7th,
`2016. The Board still expects such a joint
`stipulation to be filed by the deadline noted in
`Paper 57. We would like to make sure that we're
`aware of all of the sealed papers and exhibits that
`
`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`,
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`September 30, 2016
`
`Page 7
`are in the final written decision. And then pending
`the termination of any appeals process, then we will
`move forward with expunging or unsealing any
`confidential documents that are necessary at that
`time.
` MR. SHUMAKER: Your Honor, this is
`Patent Owner --
` JUDGE BRADEN: Yes.
` MR. SHUMAKER: -- and that -- that
`procedure is certainly acceptable to Patent Owner.
` JUDGE BRADEN: Very good.
`Petitioner, do you have any questions?
` MR. MORLOCK: No, Your Honor.
` JUDGE BRADEN: I apologize. Patent
`Owner, do you have any questions about the joint
`stipulation that's required?
` MR. SHUMAKER: Actually, I have one
`question. And it's -- I believe it's separate from
`the joint stipulation. And that relates to
`document -- I'm sorry, exhibits that have been
`sealed but not subject -- were not cited in the
`final written decision. And our understanding is
`that -- is that those particular exhibits would not
`be part of the joint stipulation, but would be
`addressed after any appeal process. And I want
`
`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`September 30, 2016
`
`Page 8
`
`to --
` JUDGE BRADEN: That is correct.
` MR. SHUMAKER: Okay. Perfect.
`Great. Thank you.
` JUDGE BRADEN: We only want those
`items that are actually cited in the final written
`decision to be included in the joint stipulation.
` MR. SHUMAKER: Okay. Well, thank you
`very much. Patent Owner has no other questions.
` JUDGE BRADEN: Petitioner?
` MR. MORLOCK: Not for us, Your Honor.
`Thank you.
` JUDGE BRADEN: Very good. Thank you
`both and have a good morning.
` (Hearing concluded at 10:36 a.m.)
`
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`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`September 30, 2016
`
`Page 9
`
`THE STATE OF TEXAS )
`COUNTY OF TRAVIS )
` I, Rhonda Howard, Reporter in and for the
`State of Texas, do hereby certify that the above and
`foregoing contains a true and correct transcription
`of all portions of evidence and other proceedings
`requested in writing by counsel for the parties to
`be included in this volume of the Reporter's Record,
`in the above-styled and numbered cause, all of which
`occurred by telephone conference call and were
`reported by me.
` I further certify that this Reporter's
`Record of the proceedings truly and correctly
`reflects the exhibits, if any, offered by the
`respective parties.
` I further certify that the total cost for
`the preparation of this Reporter's Record is $
`_________ and was paid/will be paid by
`_______________________.
`
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`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
`
`
`
`September 30, 2016
`
`Page 10
` WITNESS MY OFFICIAL HAND this the 30th day
`of September, 2016.
`
` __________________________
` Rhonda Howard, Texas CSR 4136
` Expiration Date 12-31-2016
` LegalPartners LP
` Firm No. 773
` 1010 Lamar Street, Suite 1800
` Houston, Texas 77002
` (800) 303-8319
`
`Job No. 9840 RH
`
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`LegalPartners LP
`www.legalpartners.com
`
`scheduling@legalpartners.com
`800/303-8319
`
`Summit 6 Exhibit No. 2077
`Google Inc., et al. v. Summit 6 LLC
`IPR2015-00806
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