UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`------------------------------------------X
`
`Page 1
`
`COSTCO WHOLESALE CORPORATION,
`
` Petitioner,
` vs.
`ROBERT BOSCH LLC,
` Patent Owner.
`
`Case Nos.: IPR2016-00034
` IPR2016-00036
` IPR2016-00038
` IPR2016-00039
` IPR2016-00040
` IPR2016-00041
`U.S. Patent No. 6,973,698
`U.S. Patent No. 6,944,905
`U.S. Patent No. 6,292,974
`U.S. Patent No. 7,228,588
`U.S. Patent No. 7,484,264
`U.S. Patent No. 8,099,823
`
`-------------------------------------------X
`
` Telephonic Conference
` Monday, September 11th, 2017
` (All Appearances Are Telephonic)
`
`Reported by:
`Tiffany Valentine
`JOB NO. 130272
`
`TSG Reporting - Worldwide 877-702-9580
`
`12
`
`3
`
`4
`
`56
`
`7
`8
`9
`10
`
`11
`
`12
`
`13
`14
`
`15
`
`16
`
`17
`
`18
`19
`20
`21
`22
`23
`24
`25
`
`Robert Bosch Exhibit 2031 - Page 1
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`------------------------------------------X
`
`Page 1
`
`COSTCO WHOLESALE CORPORATION,
`
` Petitioner,
` vs.
`ROBERT BOSCH LLC,
` Patent Owner.
`
`Case Nos.: IPR2016-00034
` IPR2016-00036
` IPR2016-00038
` IPR2016-00039
` IPR2016-00040
` IPR2016-00041
`U.S. Patent No. 6,973,698
`U.S. Patent No. 6,944,905
`U.S. Patent No. 6,292,974
`U.S. Patent No. 7,228,588
`U.S. Patent No. 7,484,264
`U.S. Patent No. 8,099,823
`
`-------------------------------------------X
`
` Telephonic Conference
` Monday, September 11th, 2017
` (All Appearances Are Telephonic)
`
`Reported by:
`Tiffany Valentine
`JOB NO. 130272
`
`TSG Reporting - Worldwide 877-702-9580
`
`12
`
`3
`
`4
`
`56
`
`7
`8
`9
`10
`
`11
`
`12
`
`13
`14
`
`15
`
`16
`
`17
`
`18
`19
`20
`21
`22
`23
`24
`25
`
`Robert Bosch Exhibit 2031 - Page 1
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 2
`
` September 11, 2017
` 10:02 a.m.
`
` Telephonic Conference, held before
`Tiffany Valentine, a Notary Public of the
`State of New York.
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2 3 4
`
`5
`
`6 7 8
`
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Robert Bosch Exhibit 2031 - Page 2
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 3
`
`A P P E A R A N C E S:
`
`PATENT TRIAL AND APPEAL BOARD:
` APJ PHILLIP KAUFFMAN
` APJ WILLIAM SAINDON
` APJ BARRY GROSSMAN
`
` SHEARMAN & STERLING
` Attorneys for Patent Owner
` 599 Lexington Avenue
` New York, New York 10022
` BY: MARK HANNEMANN, ESQ.
` PATRICK COLSHER, ESQ.
`
` HUGHES HUBBARD & REED
` Attorneys for Petitioner
` One Battery Park Plaza
` New York, New York 10004
` BY: JAMES DABNEY, ESQ.
` JAMES KLAIBER, ESQ.
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2
`
`3 4
`
`5
`6
`7
`
`8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Robert Bosch Exhibit 2031 - Page 3
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` JUDGE KAUFFMAN: This is a call for
`IPR 34, 36, 38, 39, 40 and 41.
` Before I let patent owner speak, I
`want to say it looks to us like all of
`these cases are still pending before the
`Circuit, which would mean they have
`jurisdiction and we do not and we're
`limited to ministerial tasks. So that's
`the first thing I would like to understand,
`is where we stand on those cases.
` Number two, it sounds like, and I
`can't be sure, possibly we have the mandate
`back already on 41. So I would like to
`hear that. But it sounds like patent owner
`is asking us to vacate the final written
`decisions in those cases.
` I would like to understand exactly
`what you want. And if that is what you
`want, what authority you think there is for
`us to do that.
` MR. HANNEMANN: Good morning, your
`Honor. This is Mark Hannemann for patent
`owner.
` We would like the Board to vacate
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 4
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 5
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`its final written decisions on the theory
`that they have not been resolved yet on
`appeal. But primarily what we are seeking
`is an order terminating the proceedings
`regardless of what's done with the final
`written decision.
` JUDGE KAUFFMANN: I guess I'm not
`sure I understand.
` The final written decision has
`terminated each of those cases, with the
`exception in 41, that there is an
`outstanding request for rehearing.
` MR. HANNEMANN: Your Honor, my
`understanding of the statute is that the
`Board has not yet, and until any appeals
`are completed, will not enter a certificate
`revoking these patents. And so today they
`are in force and we would like to terminate
`the proceedings before any such certificate
`is issued.
` JUDGE KAUFFMAN: Are the -- so the
`41 case is no longer before the Circuit?
` MR. HANNEMANN: That's correct. As
`of the end of last week, the Federal
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 5
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 6
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`Circuit granted petitioner's motion to
`dismiss the appeal.
` JUDGE KAUFFMAN: What is the status
`of 34, 36, 38, 39 and 40?
` MR. HANNEMANN: Those appeals are --
`there's two chunks of those.
` One individual appeal is for, right
`now, going ahead and on track, that's 34.
`And the others have been stayed pending the
`outcome of the IPR in the appeal that was
`dismissed.
` JUDGE KAUFFMAN: Meaning 41 case?
` MR. HANNEMANN: Correct.
` JUDGE KAUFFMAN: Okay. Thank you.
` Mr. Hannemann, what authority do you
`think we have to vacate a final decision or
`terminate a proceeding after a final
`written decision has been entered?
` MR. HANNEMANN: Well, there are a
`number of different parts of the code and
`the statute that we think give the Board
`permission to terminate the IPR before the
`final written decision has been entered.
` One of those would involve a request
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 6
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`from the petitioner to terminate --
` JUDGE KAUFFMAN: Mr. Hannemann, if I
`can stop you there.
` Each final, written decision has
`been entered even though the certificate
`hasn't been entered.
` MR. HANNEMANN: I am sorry, I
`misspoke, your Honor. You're absolutely
`right. I meant the certificate.
` JUDGE KAUFFMAN: Okay.
` MR. HANNEMANN: So one route would
`be that the petitioner seeks to have the
`proceeding terminated. Another would be
`under the Board's general authority -- that
`would be under CFR 4273-B, and then under
`the general, that would be a request for
`adverse judgment by petitioner.
` And then I think the Board has
`general authority under, for example, CFR
`42.5 to suspend the rules generally. And
`we think that would include terminating the
`proceedings.
` Obviously we understand the Board's
`authority so far, that the Board generally
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 7
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`declines to vacate final written decisions
`on the grounds of settlement. We would
`make that request in our motion.
` But as I said, we understand the
`Board's current position on that particular
`issue.
` JUDGE KAUFFMAN: If I can, I have a
`couple of questions for you.
` So you said one authority would be
`under 4273-B. And what was the other
`authority you cited?
` MR. HANNEMANN: 42.5 A and B.
` JUDGE KAUFFMAN: General authority,
`okay.
` If I understood you correctly -- and
`you said 36, 38, 39 and 40 were stayed but
`for the action in 41 -- is that stay now
`going to be lifted because because 41 isn't
`before the Circuit anymore?
` MR. HANNEMANN: No. So 41 is the
`appeal they've dismissed at petitioner's
`request so that the Board could consider
`petitioner's motion for rehearing of one
`aspect of the final written decision.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 8
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` The other four in that list, the
`appeals are stayed so they can be heard
`together with the appeal of 41, if and when
`it comes back up or goes back up, I should
`say, because the issues are so tightly
`similar.
` JUDGE KAUFFMAN: So they're waiting
`to see what's done with request for
`rehearing. The Circuit is waiting and then
`what happens next with 41 and that case?
`Do I have that correct?
` MR. HANNEMANN: You do, your Honor.
` JUDGE KAUFFMAN: So are you asking
`us simply to not enter the certificates for
`each of the cases or are you also asking
`that we vacate the final written decision?
` MR. HANNEMANN: I think we're going
`to ask to vacate the final written
`decisions in order to preserve our rights
`to appeal that decision. But as I said,
`the authority from the Board, as far as we
`know, is fairly uniform that the Board will
`likely decline to do that on the grounds of
`settlement.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 9
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 10
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` I guess I characterize it as the
`primary relief we are seeking to stop the
`proceedings and have no certificates are
`entered.
` JUDGE KAUFFMAN: So you are aware of
`Board cases where someone has sought to
`vacate based on settlement post entry of a
`final written decision?
` MR. HANNEMANN: I believe we are,
`your Honor.
` JUDGE KAUFFMAN: Do you have
`citation for any of those cases?
` MR. HANNEMANN: We can supply one.
`We will either give you one in a moment
`here or we can supply one after the call.
` As I said, I'm not aware of any that
`are actually in our favor, but I'm aware of
`at least one where the Board, as I said,
`declined to vacate.
` JUDGE KAUFFMAN: If you get that for
`us before the end of the call, I would
`appreciate citation to, either for or
`against.
` Is there anything else you want to
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 10
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 11
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`say before I hear from petitioner?
` MR. HANNEMANN: One moment, please,
`your Honor.
` So the authority, by the way, that I
`was thinking of was in a covered business
`method patent procedure rather than in an
`IPR. But I'm not aware of any positive for
`us authority in the context of an IPR
`itself. But no, other than that, your
`Honor. Nothing further.
` JUDGE KAUFFMAN: Petitioner, I would
`like to hear what you think regarding that
`request.
` MR. DABNEY: This is James Dabney
`speaking for the petitioner Costco.
` As your Honor has pointed out, all
`of these proceedings were terminated by
`final written decisions. And what the
`patent owner is really seeking here is not
`termination, but vacatur of the final
`written decisions, which it is appealing to
`the Federal Circuit.
` So as to the five that are up on
`appeal to the Federal Circuits, that is 34,
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 11
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 12
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`36, 38, 39 and 40, those are pending in the
`Federal Circuit right now. The patent
`owner has not terminated those appeals.
` So we agree with the suggestion made
`at outset of the call, that the Board
`doesn't really even have jurisdiction over
`those cases at this point, which were
`terminated in the Board months ago.
` As to case 41, as you are aware, the
`court issued a decision on September 7 and
`immediately issued a mandate in the
`decision itself, dismissing for lack of
`jurisdiction, the appeal that the patent
`owner took from case number 41. And our
`view is that that case was also terminated
`by final written decision and the issue is
`how is it going to be ultimately
`terminated, either with all claims
`invalidated or only some.
` So our view is that that case is one
`that is before the Board. We are not aware
`of any authority to vacate the decision.
`But it's certainly, to the extent that the
`termination comes from final written
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 12
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 13
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`decision, certainly that is something that
`in view of the dismissal of the appeal the
`Board certainly has the authority to do and
`then the patent owner can take the appeal
`it says it wants to take from the final
`written decision in the 41 case.
` The other four cases, 36, 38, 39 and
`40 are all related to 41. So it would be
`sensible for those to, sort of, be handled
`as a group, it seems to me.
` JUDGE KAUFFMAN: Mr. Dabney, so tell
`me if I understand you correctly; you
`believe that the final written decision is
`a termination of each of those cases, with
`the exception of that 41 is an open issue
`and that the rehearing could exchange that
`decision?
` MR. DABNEY: Yes.
` JUDGE KAUFFMAN: And I would like to
`know your opinion, Mr. Dabney, as I read 35
`USC 318-B, it says that if there's been a
`final written decision once the time for
`appeal has terminated, the director shall
`issue and publish a certificate.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 13
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 14
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` It doesn't sound like there is any
`discretion there at all that if the case is
`done, then the certificate must be issued.
` Are you aware of any case law along
`those lines or opinions on the provision?
` MR. DABNEY: I haven't researched
`it, your Honor. But I do know that
`litigants routinely take the position that
`the issue answer of a final written
`decision automatically has estoppel affect
`in pending District Court cases.
` So I can just say that the practice
`that I have encountered is that litigants
`in District Courts are taking the view that
`this final written decisions do have affect
`as of that time.
` I have not researched whether or not
`there is discretion with regard to the
`issuance of the certificate. I would think
`to be fair to the appellant, that they have
`Appellate rights because they are entitled
`to exhaust.
` On the other hand, the statute does
`seem to have been deliberately designed for
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 14
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 15
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`Board decisions to be immediately effective
`without unlike reexamination proceedings.
` But I haven't researched it. You
`asked me to give you my off the top and
`that's all I have done.
` JUDGE KAUFFMAN: Okay. Thank you.
` If I wasn't clear, it's the director
`that issues the certificate, not the Board.
` MR. DABNEY: Yes, yes.
` JUDGE KAUFFMAN: Okay.
` Patent owner, back to you. I would
`like to know what you think about 318-B and
`any discretion that there is there.
` MR. HANNEMANN: Well, the first
`thing, your Honor, is whatever decisions
`that petitioner's counsel to which
`petitioner's counsel is referring about
`implication of an estoppel from an
`unsuccessful IPR, I'm not sure that that is
`really pertinent to the question.
` If entry of the certificate and if
`the IPR fails, there will not be a
`certificate entered. At least not to
`whatever claims are not found to be
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 15
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 16
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
`unpatentable.
` So a final written decision against
`the petitioner leaves nothing else to be
`done by the office.
` So, no; this is a greenfield in the
`law. As far as I know, there are a lot of
`aspects of the enterprise review statute
`that have not yet been sorted and I'm not
`aware of any cases or opinions directly
`relating to any discretion by the director,
`which was your question, or by the Board
`before the issue gets to the director,
`which is what we are attempting to raise
`today.
` I think there are implications of
`all of this for a lot of the current
`discussions about patent owner's
`constitutional rights. And you know what's
`going on with the oil states' case and
`related arguments that are being made.
` But that is a very long and round
`about way of saying, no, I don't know of
`any decisions addressing this issue one way
`or the other.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 16
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 17
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` JUDGE KAUFFMAN: Thank you, patent
`owner.
` I need to have a discussion with the
`panel and we will take a break to do that.
`I just want to ask them if they have any
`other questions for me right now before we
`take that break.
` (Whereupon, a brief pause in
`proceedings took place.)
` JUDGE KAUFFMAN: Patent owner, Judge
`Kaufman again.
` Just to be clear, I understand that
`you're asking to file a motion in each of
`those cases requesting the relief you
`wanted, which is the decision be vacated
`and the certificate not be issued. Is that
`what you're asking for today?
` MR. HANNEMANN: Yes. Each of those.
`Maybe an and/or and or between those two
`things. But one way or another, stopping
`before any certificate is entered, Yes,
`your Honor. And we would do it of course
`in a written, motion. That's what we're
`seeking permission to do.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 17
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 18
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` PROCEEDINGS
` JUDGE KAUFFMAN: This will take a
`couple minutes for me to discuss with the
`panel. I ask the parties and court
`reporter stay on and we should be back in a
`few minutes.
` (Whereupon, a brief pause in
`proceedings took place.)
` JUDGE KAUFMANN: This is Judge
`Kaufman. Everyone still here?
` MR. HANNEMANN: Yes, your Honor.
` MR. DABNEY: We are your Honor.
` JUDGE KAUFFMAN: Sorry to make you
`wait. This is an unusual question. I
`think rather than resolve it on the phone,
`the panel is going to deliberate this a
`little more and then event an order that
`explains how we would like to proceed.
` Patent owner, are there any other
`questions that you have at this time?
` MR. HANNEMANN: No. Thank you, your
`Honor.
` JUDGE KAUFFMAN: Mr. Dabney?
` MR. DABNEY: No, your Honor. Thank
`you.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 18
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 19
`
` PROCEEDINGS
` JUDGE KAUFFMAN: Thank you for the
`call. I am expecting an order will be
`entered in the next couple of days.
` MR. HANNEMANN: Thank you.
` MR. DABNEY: Thank you.
` (Proceedings concluded at 10:28
`a.m.)
`
`TSG Reporting - Worldwide 877-702-9580
`
`Robert Bosch Exhibit 2031 - Page 19
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
`
`Page 20
`
` C E R T I F I C A T E.
`
`STATE OF NEW YORK )
` : SS.:
`COUNTY OF NASSAU )
`
` I, TIFFANY VALENTINE, a Notary
`Public for and within the State of New York, do
`hereby certify:
`
` That the witness whose examination
`is hereinbefore set forth was duly sworn and
`that such examination is a true record of the
`testimony given by that witness.
`
` I further certify that I am not
`related to any of the parties to this action by
`blood or by marriage and that I am in no way
`interested in the outcome of this matter.
`DATED: 9/18/17
`
`___________________________
` TIFFANY VALENTINE
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2
`
`3 4
`
`5
`
`6 7
`
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`
`24
`25
`
`Robert Bosch Exhibit 2031 - Page 20
`COSTCO (Petitioner) v. ROBERT BOSCH (Patent Owner)
`IPR2016-00034; IPR2016-00036; IPR2016-00038;
`IPR2016-00039; IPR2016-00040; IPR2016-00041
`
`
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
