`571.272.7822
`
`
`
`
`
`Paper No. 10
`Entered: March 1, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NVIDIA CORPORATION,
`Petitioner,
`
`v.
`
`SAMSUNG ELECTRONICS COMPANY, LTD.,
`Patent Owner.
`_______________
`
`Case IPR2015-01318
`Patent 8,252,675 B2
`_______________
`
`
`
`Before JAMESON LEE, PATRICK R. SCANLON, and
`JUSTIN BUSCH, Administrative Patent Judge.
`
`LEE, Administrative Patent Judge.
`
`
`
`DECISION
`On Request for Rehearing
`37 C.F.R. § 42.71
`
`
`
`
`
`
`
`IPR2015-01318
`Patent 8,252,675 B2
`
`
`Petitioner requests rehearing of the Decision (“Dec.” Paper 8) denying
`institution of inter partes review of claims 1–15 of the ’675 patent. Paper 9.
`
`As discussed in the Decision, the deficiency in the Petition is that,
`given the discrepancy between the structures shown in Figure 17(2) and
`Figure 18(2) of Yamakawa, “Petitioner has not adequately explained how, in
`an anticipation analysis, it properly can rely on Yamakawa’s embodiment of
`Figure 18 to account for limitation 1(i) when it has relied on Yamakawa’s
`embodiment of Figures 16–17 to account for limitations 1(a), 1(b), 1(c),
`1(d), 1(e), and 1(h).” Dec. 16–17. We stated: “Yamakawa itself does not
`appear to make clear what process steps are common between its
`embodiment of Figure 18 and its embodiment of Figures 16–17, and
`Petitioner has not provided an adequate explanation.” Id. at 17.
`
`As Patent Owner argued (Prelim. Resp. 9–10), the Petition must
`explain the relationship between the different structures shown and how they
`relate to the same process and involve the same features. Petitioner has not
`pointed to an explanation in the Petition that accounts for the different
`structures shown in Figure 17(2) and Figure 18(2) of Yamakawa, and that
`sufficiently presents the two illustrations as corresponding to a single
`embodiment of various steps and features. That explanation cannot be
`provided, for the first time, in a rehearing request. Although Yamakawa
`itself constitutes evidence, it was incumbent on Petitioner, in its Petition, to
`present and explain the evidence. We could not have overlooked evidence
`that was not identified and explained. The Petition may not be
`supplemented by explanations first set forth in a rehearing request.
`It is ORDERED that Petitioner’s Rehearing Request (Paper 9)
`is denied.
`
`2
`
`
`
`
`
`IPR2015-01318
`Patent 8,252,675 B2
`
`For PETITIONER:
`
`Bob Steinberg
`Clement Naples
`Julie Holloway
`bob.steinberg@lw.com
`clement.naples@lw.com
`julie.holloway@lw.com
`
`
`
`For PATENT OWNER:
`
`Naveen Modi
`Joseph Palys
`nVdia-Samsung-IPR@paulhastings.com
`
`
`3
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