`Tel: 571-272-7822
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`Paper No. 14
`Entered: January 17, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`PARTHENON UNIFIED MEMORY ARCHITECTURE,
`Patent Owner.
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`Case IPR2016-01114 (Patent 7,777,753)
`Case IPR2016-01118 (Patent 7,321,368)
`Case IPR2016-01121 (Patent 5,960,464)
`Case IPR2016-01134 (Patent 7,542,045)
`Case IPR2016-01135 (Patent 5,812,789)1
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`Before MICHAEL R. ZECHER, JAMES B. ARPIN,
`MATTHEW R. CLEMENTS, and SUSAN L. MITCHELL,
`Administrative Patent Judges.
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`CLEMENTS, Administrative Patent Judge.
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`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)
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`1 This Order addresses issues that are identical in all five cases. We,
`therefore, exercise our discretion to issue one Order to be filed in each case.
`The parties are not authorized to use this style heading for any subsequent
`papers without prior approval of the Board.
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`
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`IPR2016-01114 (Patent 7,777,753); IPR2016-01118 (Patent 7,321,368)
`IPR2016-01121 (Patent 5,960,464); IPR2016-01134 (Patent 7,542,045)
`IPR2016-01135 (Patent 5,812,789)
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`An initial conference call in the above proceeding was held on
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`January 9, 2017, between respective counsel for the parties, and Judges
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`Zecher, Arpin, Clements, and Mitchell.
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`Prior to the call, neither party filed a proposed motions list. On the
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`call, each party confirmed that, at this time, it does not anticipate filing any
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`motions not already authorized by our Rules or in the Scheduling Order.
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`Each party also confirmed that it does not have any issue with Due
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`Dates 1–6 as currently set, but Petitioner raised the possibility of
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`accelerating Due Dates 1–7 in order to synchronize these cases with Apple
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`Inc. v. Parthenon Unified Memory Architecture, Case IPR2016-00923
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`(addressing U.S. Patent No. 5,812,789), and Apple Inc. v. Parthenon Unified
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`Memory Architecture, Case IPR2016-00924 (addressing U.S. Patent No.
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`5,960,464). Patent Owner informed us that Petitioner had not raised this
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`possibility with Patent Owner prior to the call. We instructed the parties to
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`meet and confer.2 To the extent the parties can agree to changes to Due
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`Dates 1–5, they simply may file a Notice of Stipulation to changes to Due
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`Dates 1–5, as provided in the Scheduling Order. If the parties agree to
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`proposed changes to Due Dates 6 and 7, they should request a call with the
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`panel to discuss changing those dates.
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`For now, with respect to Due Date 7, each party confirmed that it has
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`no conflict with scheduling the oral argument, if requested, on September 5,
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`2 For future reference, the parties shall meet and confer prior to raising any
`issue during a conference call with the Board. Failure to do so may result in
`summary denial of the request. Repeated failure to meet and confer may
`result in sanctions.
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`2
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`
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`IPR2016-01114 (Patent 7,777,753); IPR2016-01118 (Patent 7,321,368)
`IPR2016-01121 (Patent 5,960,464); IPR2016-01134 (Patent 7,542,045)
`IPR2016-01135 (Patent 5,812,789)
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`2017. Also, both parties expressed a preference for conducting the hearing
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`in Alexandria, Virginia, followed by San Jose, California, followed by
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`Denver, Colorado. The panel has determined that a hearing room in
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`Alexandria, Virginia, is available on September 5, 2017. Thus, pending
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`receipt of timely party requests for a hearing, it appears at this time that we
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`will be able to accommodate the parties’ preference to conduct the hearing
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`in Alexandria, Virginia.
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`Accordingly, it is
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`ORDER
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`ORDERED that Due Date 7 is set to September 5, 2017.
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`3
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`IPR2016-01114 (Patent 7,777,753); IPR2016-01118 (Patent 7,321,368)
`IPR2016-01121 (Patent 5,960,464); IPR2016-01134 (Patent 7,542,045)
`IPR2016-01135 (Patent 5,812,789)
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`For PETITIONER:
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`David W. O’Brien
`Andrew S. Ehmke
`HAYNES AND BOONE LLP
`david.obrien.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
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`For PATENT OWNER:
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`Masood Anjom
`Scott Clark
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.
`manjom@azalaw.com
`sclark@azalaw.com
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`4
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