`571-272-7822
`
`Paper 22
`Entered: Sept. 10, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LAM RESEARCH CORP.,
`Petitioner,
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`____________
`
`Cases IPR2015-01764
`IPR2015-01768
`Patent RE40,264 E
`____________
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, JO-ANNE M. KOKOSKI, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2015-01764
`IPR2015-01768
`Patent RE40,264 E
`
`
`Petitioner requested oral hearing pursuant to 37 C.F.R. § 42.70.
`Papers 21 (IPR2015-01764), 19 (IPR2015-01768). Patent Owner did not
`file a request for oral hearing, nor did it oppose Petitioner’s request. The
`request is granted.
`There is substantial overlap in the issues raised in these cases, and we
`exercise our discretion to conduct a consolidated oral hearing. Each party
`will have 45 minutes of total argument time to present its arguments as to
`both proceedings, with each party allotting their time among the proceedings
`as they wish. Petitioner bears the ultimate burden of proof that the patent
`claims at issue in these reviews are unpatentable. Therefore, Petitioner will
`proceed first to present its case with regard to the challenged claims at issue
`in the instituted trial. Thereafter, Patent Owner will respond to Petitioner’s
`arguments. Petitioner may reserve rebuttal time to respond to arguments
`presented by Patent Owner.
`The hearing shall commence at 1:00 pm EDT on October 11, 2016.
`The hearing will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, VA.
`In-person attendance will be accommodated on a first-come, first-served
`basis. The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served seven business days before the hearing. Notwithstanding § 42.70,
`however, the parties shall file the demonstrative exhibits no later than three
`business days before the hearing to allow the panel sufficient time to review
`the materials.
`
`
`
`
`2
`
`
`
`IPR2015-01764
`IPR2015-01768
`Patent RE40,264 E
`
`
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
`demonstrative exhibits are not a mechanism for making arguments not
`previously addressed in the Papers. 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), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved the parties may file any remaining objections with the
`Board at least three business days before the oral hearing. The objections
`should identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`A hard copy of the demonstratives should be provided to the court
`reporter at the hearing. The parties are reminded that the 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 Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`
`3
`
`
`
`
`IPR2015-01764
`IPR2015-01768
`Patent RE40,264 E
`
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at 571-272-9797. Requests for audio-visual equipment
`are to be made no later than 5 days in advance of the hearing date. The
`request is to be sent directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`PETITIONER:
`
`Michael R. Fleming
`Samuel K. Lu
`Kamran Vakili
`IRELL & MANELLA LLP
`MFleming@irell.com
`SLu@irell.com
`KVakili@irell.com
`LamFlammIPR@irell.com
`
`
`PATENT OWNER:
`
`Christopher Frerking
`chris@ntknet.com
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
