Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 42
`Entered: August 24, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HTC CORPORATION, and
`HTC AMERICA, INC.,1
`Petitioner,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01500 (Patent 7,321,368 B2)
`Case IPR2015-01501 (Patent 7,777,753 B2)
`Case IPR2015-01502 (Patent 7,542,045 B2)2
`____________
`
`
`
`
`
`Before JAMES B. ARPIN, MATTHEW R. CLEMENTS, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; and LG
`Electronics, Inc. were terminated from this proceeding. See, e.g., IPR2015-01500,
`Papers 28 and 43.
`2 This Order addresses issues pertaining to all three proceedings. Therefore, we
`exercise our discretion to issue one Order to be filed in each proceedings. The
`parties are not authorized to use this style heading for any subsequent papers.
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`
`The Revised Scheduling Orders set September 19, 2016, as the date for oral
`arguments, if requested by the parties and granted by the Board. IPR2015-01500,
`Paper 31; IPR2015-01501, Paper 31; IPR2015-01502, Paper 31.3 Both Petitioner
`and Patent Owner have requested oral argument. Papers 39, 40. Patent Owner
`does not request a specific length of time to argue each proceeding. Paper 39, 2.
`Petitioner requests sixty (60) minutes in total to argue all of these proceedings
`together.4 Paper 40, 1.
`The parties’ requests for oral argument are granted. Because there is
`significant overlap in the issues and references under consideration in these
`proceedings, oral arguments for these three proceedings will be heard together; and
`each party will have a total of sixty (60) minutes to present its arguments for all
`three proceedings. Petitioner will open the hearing by presenting its arguments
`regarding the challenged claims for which we instituted each review. Petitioner
`may reserve time for rebuttal arguments. Patent Owner then will respond to
`Petitioner’s arguments. Petitioner then may present rebuttal arguments during its
`reserved rebuttal time.
`The hearing for these proceedings will commence at 11:00 AM Mountain
`Time on September 19, 2016, at the Rocky Mountain Regional Office of the
`USPTO, located on the 14th Floor of the Byron G. Rogers Federal Building, 1961
`
`
`3 Throughout the remainder of this Order, we cite to the papers filed in IPR2015-
`01501. Patent Owner has filed similar papers in IPR2015-01500 and IPR2015-
`01502, and Petitioner has filed similar papers in IPR2015-01502.
`4 Although the three proceedings will be argued together at a single hearing, we
`shall base our Final Written Decisions on the record for each individual
`proceeding.
`
`
`
`2
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`Stout Street, Denver, Colorado, 80294.5 Counsel and other attendees will need a
`picture ID in order to enter the Byron G. Rogers Federal Building. The parties are
`advised to check-in with security on the 14th floor at least thirty (30) minutes
`before the hearing is set to begin.
`The hearing room in the Rocky Mountain Regional Office can accommodate
`the lead counsel and a back-up counsel for each party at its respective counsel table
`and one hearing room attendee for each party. Other party attendees will be
`accommodated in an overflow room located across the hall from the hearing room.
`The hearing will be open to the public for in-person attendance. Members of the
`public will be accommodated based on space available in the overflow room on a
`first-come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`At least seven (7) business days prior to the hearing, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during the oral
`arguments. See 37 C.F.R. § 42.70(b). The parties also shall provide the
`demonstrative exhibits to the Board at least five (5) business days prior to the oral
`arguments by e-mailing them to Trials@uspto.gov. The parties shall not file
`any demonstrative exhibits in these proceedings without our prior
`authorization. Demonstrative exhibits are not evidence, but merely visual aids for
`use during the hearing. Demonstrative exhibits may not introduce new evidence or
`raise new arguments, but instead, should cite only to arguments and evidence
`
`
`5 Because we are coordinating this hearing across three time zones, we will not
`break for lunch and do not anticipate a recess during the hearing. The parties
`should plan accordingly.
`
`
`
`3
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`already in the record. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan, Case
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) and CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, (PTAB Oct. 23, 2013) (Paper
`118), for guidance regarding the appropriate content of demonstrative exhibits.
`The parties should attempt in good faith to resolve any objections to
`demonstratives prior to involving the Board. The parties must initiate a conference
`call with the Board at least two (2) business days before the hearing to present any
`unresolved objection regarding the propriety of any demonstrative exhibit. Any
`unresolved objection to demonstrative exhibits that is not timely presented will be
`deemed waived. The Board asks the parties to confine demonstrative exhibit
`objections to those identifying egregious violations that are prejudicial to the
`administration of justice. To aid in the preparation of an accurate transcript, each
`party shall provide paper copies of its demonstratives to the court reporter on the
`day of the oral arguments. Such paper copies shall not become part of the record
`of this proceeding.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number), paper, or
`exhibit referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that two members of the panel
`will be attending the hearing electronically from remote locations and that, if any
`demonstrative is not made fully available or visible to the judges presiding over the
`hearing, that demonstrative will not be considered. Because of limitations of the
`audio transmission systems in our hearing rooms, the presenter may speak only
`when standing at the hearing room lectern. If the parties have questions as to
`
`
`
`4
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`whether demonstrative exhibits would be sufficiently available and visible to each
`panel member, the parties are invited to contact the Board at (571) 272-9797.
`The Board expects each lead counsel for each party to be present in person
`at the hearing. If a party anticipates that a lead counsel will not be attending the
`hearing, the parties should initiate a joint telephone conference with the Board no
`later than seven (7) business days prior to the hearing to discuss the matter. Any
`counsel of record, however, may present a party’s arguments.
`Lead counsel and back-up counsel may use portable computers in the
`hearing room at the counsel tables and at the hearing room lectern. The parties
`may not use such commuters to make an audio or video recording of the hearing or
`to link to the Internet at any time during the hearing or from the hearing room. The
`parties are reminded to direct their requests for audio-visual equipment to
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`presented in a separate communication directed to the above e-mail address not
`less than five (5) days before the oral arguments. If the request is not received
`timely, the equipment may not be available on the day of the hearing. Please note,
`however, that information projected in the hearing room in Denver may not be
`visible to the panel members participating in the hearing from remote locations.
`
`ORDER
`
`It is
`ORDERED that the hearing for these proceedings shall take place beginning
`at 11:00 AM Mountain Time on September 19, 2016, at the Rocky Mountain
`Regional Office of the USPTO.
`
`
`
`
`
`5
`
`

`
`IPR2015-01500 (Patent 7,321,368 B2)
`IPR2015-01501 (Patent 7,777,753 B2)
`IPR2015-01502 (Patent 7,542,045 B2)
`
`For PETITIONER:
`
`Allan M. Soobert
`Naveen Modi
`PAUL HASTINGS LLP
`Samsung-PUMA-IPR@paulhastings.com
`
`Rajeev Gupta
`Darren M. Jiron
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`LGE_Finnegan_PUMAIPR@finnegan.com
`
`Joseph A. Micallef
`Stephen M. Everett
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`stephen.everett@sidley.com
`
`
`
`For PATENT OWNER:
`
`Masood Anjom
`Scott Clark
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
`manjom@azalaw.com
`sclark@azalaw.com
`
`
`
`
`
`6