TRANSCRIPT OF PROCEEDINGS
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`Page 1
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` In Re:
`
`VALVE CORPORATION,
` Petitioner,
` Vs. Case: IPR2017-00136
` (Patent 8,641,525 B2)
`IRONBURG INVENTIONS, LTD., IPR2017-00137
` (Patent 9,089,770 B2)
` Patent Owner.
`~~~~~~~~~~~~~~~~~~~~~~~~~
`
` REPORTER'S TRANSCRIPT OF PROCEEDINGS
` HELD BEFORE PHILLIP J. KAUFFMAN
` MITCHELL G. WEATHERLY
` October 4, 2017
` 10:00 a.m.
` {Via Teleconference}
`
`Reported By:
`Jeanese Johnson, CSR No. 11635, CLR
`
`eLitigation Services, Inc. - els@els-team.com
`
`

`

`TRANSCRIPT OF PROCEEDINGS
`
` APPEARANCES OF COUNSEL
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`For Petitioner:
` Joshua Harrison
` Reynaldo Barcelo
`
`For Patent Owner:
` Ehab Samuel
` Yasser El-Gamal
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`TRANSCRIPT OF PROCEEDINGS
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` - - -
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` HON. PHILLIP J. KAUFFMAN: So I wanted to
`simplify this a little bit, and by the way, Judge
`Weatherly is on the line with me as well. Judge
`Petravick is in a hearing and can't be with us on the
`call today, but we will consult her before we do an
`order.
` I understand what patent owner wants and why,
`so really my only question for patent owner at this
`point is how many pages you are asking for, and then
`I'll hear from petitioner and then I will move the
`proceeding to authorization.
` So how many pages are you asking for, Mr.
`Samuel?
` MR. SAMUEL: I think, Your Honor, ten pages
`will suffice.
` HON. PHILLIP J. KAUFFMAN: Thank you.
` And, Mr. Harrison, I don't want to talk about
`the merits of whether or not this motion should be
`granted. I only want to talk about whether or not you
`think authorization should be given for a motion.
` MR. HARRISON: We don't see why not, Your
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`Honor.
` HON. PHILLIP J. KAUFFMAN: And what do you
`think of ten pages?
` MR. HARRISON: Are you referring to the
`opposition, Your Honor?
` HON. PHILLIP J. KAUFFMAN: Right.
` MR. HARRISON: I think if their motion is ten
`pages, we can probably respond to it in ten pages
`also.
` HON. PHILLIP J. KAUFFMAN: Okay.
` Mr. Samuel, is there anything else you want
`to add to that?
` MR. SAMUEL: Well, I guess what I'm trying to
`figure out, Your Honor, is do you want me to make the
`argument as to the reason for granting the request,
`or...
` HON. PHILLIP J. KAUFFMAN: No, I think that
`would be early. That's -- what I'd like for you to do
`with your motion, and I -- frankly, to tell you, you
`know, the way the final decisions came out, this issue
`was on my mind and I wanted it to be addressed in a
`timely manner, so I think it's good that we're having
`a phone call, and I really don't see any reason why we
`wouldn't brief this issue and address it as soon as we
`can.
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` So really all I wanted to hear from you on is
`the authorization for a motion.
` MR. SAMUEL: Okay. So I guess what I'm
`confused, Your Honor, is part of the authorization
`request is obviously the basis for the motion, right,
`and so if you want me to go ahead and discuss that
`part, I'm happy to do so, and I'm --
` HON. PHILLIP J. KAUFFMAN: And, you know, I
`think that that's smart that we include this as we're
`going to put a transcript in there, but I understood
`your request from the e-mail to be that you would like
`to file a motion to terminate based on 315(E)(1) and
`the final decision that was entered in the 948 and the
`949 case.
` Is there something you would like to add for
`that?
` MR. SAMUEL: Sure, Your Honor.
` As this panel knows, you know, the final
`written decision was entered on September 22nd with
`respect to the 525 for the '948 patent.
` The parties in that IPR are identical to the
`parties in the pending 136 IPR, it's Valve Corporation
`Versus Ironburg Inventions. The patent is the same
`and the claim is the same.
` In IPR 136 the board only instituted as to
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`Claim 20, and this claim, the board has already made a
`determination that it's unpatentable, it's final
`written decision for IPR 948.
` The same is true with respect to the '770
`patent. The final written decision was issued on
`September 22nd.
` In IPR 949, the parties are the same, the
`patent is the same, the claims are the same. The
`board instituted as to the Claims 1 through 4, 12, 15
`through 18 and 20 with respect to IPR 127, and the
`board has made a final written decision with respect
`to those claims in the 949 IPR.
` So now that the final written decisions have
`been entered that triggers the estoppel provision
`under 315(E)(1) and 37CFR 42.73(D)(1), which is pretty
`much identical.
` And it says that once the final written
`decision is issued, then the petitioner or party in
`privy may not request or maintain a proceeding before
`the office with respect to that claim on any ground
`that the petitioner raised or reasonably could have
`raised during the IPR.
` In this situation we have a final written
`decision for the '525 and the '770 patents, so that
`prong is met. Whether or not petitioner could have
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`reasonably raised, the only reference that the board
`had instituted on IPR 136 and 137, which is the Worn
`reference is actually quite straightforward, Your
`Honor.
` The Worn reference is U.S. Patent 6,362,813.
`It's readily available public reference. It's
`available on the USTPO's database and it certainly
`could have been found by a skilled searcher.
` We also know that in this particular case
`it's quite straightforward because petitioner did
`actually find the Worn reference and used it for the
`136 and 137 IPRs.
` We also know that petitioner, in attempt to
`support its motion for joinder, submitted search
`strings from its third-party searcher, which, in fact,
`confirmed that Worn would have been discovered by a
`skilled searcher.
` HON. PHILLIP J. KAUFFMAN: And, Mr. Samuel --
`this is Judge Kauffman for the court reporter -- I
`understand the basis for your motion and we don't
`really need to get into the merits any more than that.
` In fact I think petitioner is conceding that
`authorization should be given, and then we'll -- if
`you would address that in the motion, I definitely
`want to hear this story, but I don't think we need to
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`hear it, the rest of it today.
` MR. SAMUEL: Okay.
` HON. PHILLIP J. KAUFFMAN: Does that make
`sense? Is there something you really feel like we
`need to talk about regarding authorization?
` MR. SAMUEL: Well, if the board is
`authorizing -- it sounds like if the board is
`authorizing it, so.
` HON. PHILLIP J. KAUFFMAN: I am not -- I'm
`sorry that I spoke over you. I am not authorizing at
`this time because one of the panel members is not on
`the call and I want to talk to her, but it sounds to
`me like from both of the parties that this is an issue
`that needs to be addressed and I don't really hear
`petitioner resisting the authorization to file a
`motion.
` So I'm not going to say yes on this phone
`call, but I will talk to the other panel member, we'll
`make a decision, we'll get a decision out shortly.
` Mr. Harrison, does that trigger anything else
`you would like to talk about today?
` MR. HARRISON: Yes, Your Honor. Clearly,
`we're going to oppose the motion, and so we would like
`to know how much time we would have to prepare our
`opposition. We feel that we should have at least
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`three weeks because it's more complex than a mere
`motion to oppose -- I mean, a mere opposition to
`exclude evidence, and on the case schedule, the time
`we would have to -- for an opposition to a motion to
`exclude is two weeks; so we would like at least three
`weeks to a month to reply to oppose their motion.
` It sounds like it's going to have a multiple
`bases and we're going to have to address both of the
`bases and we're going to have to look for precedent,
`and so forth.
` HON. PHILLIP J. KAUFFMAN: Okay. Hold that
`thought for a minute, Mr. Harrison. This is Judge
`Kauffman again.
` Mr. Samuel, how much time are you asking for
`from when we enter the order of authorization for
`authorizing the motion?
` MR. SAMUEL: Your Honor, it's only ten pages,
`so we can certainly get that taken care of within a
`week.
` HON. PHILLIP J. KAUFFMAN: Of this week.
` MR. SAMUEL: By next week, so yeah, 5 to 7
`business days should suffice and we'll have it ready,
`Your Honor.
` HON. PHILLIP J. KAUFFMAN: Okay.
` Back to you, Mr. Harrison.
`
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` So my reading of the record for the petitions
`in 136 and 137 is that these issues overlap a lot with
`what was already talked about in the petition and your
`evidence with whether or not that particular reference
`could have been discovered earlier, so three weeks
`sounds like a long time for me. I think 5 to 7
`business days sounds more reasonable.
` Can you comment on that?
` MR. HARRISON: Well...
` HON. PHILLIP J. KAUFFMAN: And I say this
`because the proceedings are ongoing, and so I would
`like this resolved so we either know we're done or
`we're not and I don't want to waste the parties' time.
` MR. HARRISON: Your Honor, I would like to
`respond to that.
` HON. PHILLIP J. KAUFFMAN: Please.
` MR. HARRISON: Quoting Mark Twain; "Sometimes
`it takes a lot longer to do -- to write a clear and
`persuasive paper that's 10 pages than to write one
`that's longer. Remember Mark Twain said, I did -- I
`wrote you a long letter because I didn't have time to
`write you a short one.
` It's the same thing here where this is -- it
`may -- this is actually the most important -- it's
`going to be the most important portion of this IPR.
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` The -- it did take some of the entire IPR to
`survive, and it's going to be made on two different
`bases for two different cases. It's the same
`arguments, but one of the bases is the fact that the
`claims have been found unpatentable in the previous
`IPRs, and the other basis has to do with a very
`fact-intensive question of whether the one reference
`should have been found earlier.
` And, you know, I think that we have a lot of
`really good counter-arguments for why that's not so.
`I'm not going to raise them here because we're not
`getting into the merits. But it will be relatively
`challenging to do that in ten pages.
` The patent owner said ten pages and you asked
`me if we could do it in ten pages, but it's different
`to do it quickly in ten pages. 5 to 7 days is a tall
`order, but we would prefer more time to do a good job.
` The whole case depends on this.
` HON. PHILLIP J. KAUFFMAN: And I would like
`each side to do a good job.
` I will discuss with the panel, you know, and
`acknowledge your desire to have more time against the
`desire to resolve this as quickly as possible, and
`we'll do an order today.
` It's the 4th. I can't imagine that it's any
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`later than the 6th that we have an order entered and
`then you -- both sides will know how we're going to
`proceed.
` MR. HARRISON: Your Honor, just one more
`point --
` HON. PHILLIP J. KAUFFMAN: Please.
` MR. HARRISON: -- regarding the timing is
`that I'm not sure, or at least I don't understand the
`importance of resolving it so quickly being that
`there's not really any work ongoing. It's not going
`to save anyone work by doing it quickly.
` If we have enough time to do a proper
`opposition, we'll feel like we put our best foot
`forward, and then when the Court or when the board
`decides, I don't think that the board is going to have
`to do more work merely because we have an extra week
`or two.
` HON. PHILLIP J. KAUFFMAN: Well, let's talk
`about the schedule, then.
` So in 136, I believe Number 18 is a jointly
`stipulated extension to the schedule, but due dates 3
`through 7 were not changed. 3, there is no motion to
`amend, so that takes us to 4.
` Do you want to comment on due date 4?
` MR. HARRISON: Well, due date 4 is really the
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`-- it seems the only thing that is going to happen by
`due date 4 is a request for oral argument, which is
`administerial and the motion to exclude evidence.
` HON. PHILLIP J. KAUFFMAN: And we don't know
`yet if either side is doing the motion to exclude.
` MR. HARRISON: We expect patent owner is
`because patent owner objected to some evidence.
` MR. SAMUEL: Your Honor, may I comment on
`that?
` HON. PHILLIP J. KAUFFMAN: Yes, Mr. Samuel.
` MR. SAMUEL: The real -- only issue really
`here is whether the Worn reference, just one reference
`we're talking about here, is one that could have
`reasonably been raised by the petitioner for both the
`'525 and the '770 patent.
` I mean, one, ten pages is plenty of pages,
`and two, 5 to 7 business days is plenty to comment on
`just the one reference and whether it's reasonable.
` There's nothing else that's significant to be
`discussed. You know, they are the same patent -- the
`same claims that could be -- this -- in one short
`paragraph.
` I mean, other than that, the only outstanding
`issue is the issue of whether that could have been
`raised. That's it.
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` And then the other thing I wanted to request,
`Your Honor, is that we would like to have an
`opportunity to reply to petitioner's opposition.
` HON. PHILLIP J. KAUFFMAN: And I will
`consider that with the panel. It is sort of customary
`to allow the moving party to have the last word.
` MR. SAMUEL: Thank you, Your Honor.
` HON. PHILLIP J. KAUFFMAN: So, Mr. Harrison,
`is there anything else you would like to say regarding
`timing?
` MR. HARRISON: Yes, Your Honor.
` If there's going to be a period of time where
`we're waiting for the decision or the authorization to
`file the motion, which is likely to be yes, and then a
`period of time for them to submit the motion, and then
`even the period that you're suggesting for the
`opposition, and then a period for the reply, and then
`a period for your decision, your consideration
`decision, there's no way that the board is going to
`render that decision before the motion to exclude
`evidence is due by October 30th, so there's literally
`no work that's going to be saved by giving us an extra
`week or two.
` HON. PHILLIP J. KAUFFMAN: I see your point
`and we will consider that.
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` MR. HARRISON: Thank you, Your Honor.
` MR. BARCELO: And this is Rey Barcelo for
`petitioner. May I just make one more quick point, ask
`a question?
` HON. PHILLIP J. KAUFFMAN: Yes, Mr. Barcelo.
` MR. BARCELO: Yes, sorry to jump in. I was
`the declarant who spoke about whether the reference
`could have been found, and so forth, and as I'm
`listening to this, I'm just wondering, because it is
`such a fact-intensive inquiry, it's basically going to
`boil down to whether our searching was good enough
`originally. It hasn't been discussed whether there's
`going to be a hearing on the motion or whether
`customarily there's a hearing on this motion.
` It sounds like it's the kind of thing that
`could benefit for us, particularly as the declarants
`who talked about the searching are there, and if so,
`then it make sense to accept the oral argument on the
`merits of the IPR, just as in the first set of IPRs
`there was over an hour devoted to issues mostly raised
`by the patent owner on procedural issues, so that
`would be one efficient way to deal with this.
` HON. PHILLIP J. KAUFFMAN: I will consider
`that with the panel. Of course the counter-interest
`is that it could be resolved much sooner, and the
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`longer the proceeding and closer that it gets towards
`the final decision, that sort of the cuts short making
`the final decision, so that delay pushes the
`proceeding in a certain direction, but we will
`consider that.
` MR. BARCELO: Understood. Thank you.
` HON. PHILLIP J. KAUFFMAN: So from my
`position, I think that wraps it up for this discussion
`on authorizing the motion.
` Mr. Samuel, is there anything else that you
`need to add?
` MR. SAMUEL: No, Your Honor. Thank you very
`much for your time.
` HON. PHILLIP J. KAUFFMAN: You're welcome.
` Mr. Harrison.
` MR. HARRISON: No, thank you.
` HON. PHILLIP J. KAUFFMAN: And for the court
`reporter, I'll give you a second to unmute yourself.
`Is there anything else you need from me, a spelling or
`anything?
` THE COURT REPORTER: No, Your Honor. Thank
`you very much for checking back with me. Thank you.
` HON. PHILLIP J. KAUFFMAN: You bet. Thank
`you.
` And that concludes our call for the today.
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` Thank you, both sides.
` MR. HARRISON: Thank you.
` HON. PHILLIP J. KAUFFMAN: Bye.
`
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`REPORTER'S CERTIFICATION
` I, Jeanese Johnson, Certified Shorthand
`Reporter, in and for the State of California, do
`hereby certify:
` That the foregoing proceedings were
`reported stenographically by me and later transcribed
`into typewriting under my direction;
` That the foregoing is a true record of the
`testimony and proceedings taken at that time.
` I further certify that I am not attorney
`or counsel of any of the parties, nor am I a relative
`or employee of any attorney or counsel of party
`connected with the action, nor am I financially
`interested in the action.
`
`IN WITNESS WHEREOF, I have subscribed
`October
` my name this ____ day of ______, 2017.
`6th
`
`___________________________________
`Jeanese Johnson, CSR No. 11635, CLR
`
`eLitigation Services, Inc. - els@els-team.com
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`TRANSCRIPT OF PROCEEDINGSTRANSCRIPT OF PROCEEDINGS
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`14:19
`boil 15:11
`brief 4:24
`business 9:22 10:7
`13:17
`Bye 17:3
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`C
`California 18:3
`call 3:9 4:23 8:12
`8:18 16:25
`care 9:18
`case 1:6 5:14 7:9
`9:3 11:18
`cases 11:3
`certain 16:4
`certainly 7:7 9:18
`CERTIFICATI...
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`Certified 18:2
`certify 18:4,10
`challenging 11:13
`changed 12:22
`checking 16:22
`claim 5:24 6:1,1,20
`claims 6:8,9,12
`11:5 13:21
`clear 10:18
`Clearly 8:22
`closer 16:1
`CLR 1:25 18:21
`comment 10:8
`12:24 13:8,17
`complex 9:1
`conceding 7:22
`concludes 16:25
`confirmed 7:16
`confused 5:4
`connected 18:13
`consider 14:5,25
`15:23 16:5
`consideration
`14:18
`consult 3:9
`Corporation 1:4
`5:22
`counsel 2:1 18:11
`
`18:12
`counter-argume...
`11:10
`counter-interest
`15:24
`course 15:24
`court 7:19 12:14
`16:17,21
`CSR 1:25 18:21
`customarily 15:14
`customary 14:5
`cuts 16:2
`
`D
`database 7:7
`date 12:24,25 13:2
`dates 12:21
`day 18:19
`days 9:22 10:7
`11:16 13:17
`deal 15:22
`decides 12:15
`decision 5:13,19
`6:3,5,11,18,24
`8:19,19 14:13,18
`14:19,20 16:2,3
`decisions 4:20 6:13
`declarant 15:7
`declarants 15:16
`definitely 7:24
`delay 16:3
`depends 11:18
`desire 11:22,23
`determination 6:2
`devoted 15:20
`different 11:2,3,15
`direction 16:4 18:7
`discovered 7:16
`10:5
`discuss 5:6 11:21
`discussed 13:20
`15:12
`discussion 16:8
`doing 12:11 13:5
`due 12:21,24,25
`13:2 14:21
`
`E
`e-mail 5:11
`earlier 10:5 11:8
`early 4:18
`efficient 15:22
`Ehab 2:8
`either 10:12 13:5
`El-Gamal 2:9
`employee 18:12
`enter 9:15
`entered 5:13,19
`6:14 12:1
`entire 11:1
`estoppel 6:14
`evidence 9:3 10:4
`13:3,7 14:21
`exclude 9:3,5 13:3
`13:5 14:20
`expect 13:6
`extension 12:21
`extra 12:16 14:22
`F
`fact 7:15,22 11:4
`fact-intensive 11:7
`15:10
`feel 8:4,25 12:13
`figure 4:14
`file 5:12 8:15 14:14
`final 4:20 5:13,18
`6:2,5,11,13,17,23
`16:2,3
`financially 18:13
`find 7:11
`first 15:19
`foot 12:13
`foregoing 18:5,8
`forth 9:10 15:8
`forward 12:14
`found 7:8 11:5,8
`15:8
`frankly 4:19
`further 18:10
`G
`
`G 1:16
`getting 11:12
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`Page 19
`give 16:18
`given 3:24 7:23
`giving 14:22
`go 5:6
`going 5:10 8:17,23
`9:7,8,9 10:25 11:2
`11:11 12:2,10,15
`13:1 14:12,19,22
`15:10,13
`good 4:22 11:10,17
`11:20 15:11
`granted 3:23
`granting 4:15
`ground 6:20
`guess 4:13 5:3
`H
`happen 13:1
`happy 5:7
`Harrison 2:4 3:21
`3:25 4:4,7 8:20,22
`9:12,25 10:9,14
`10:17 12:4,7,25
`13:6 14:8,11 15:1
`16:15,16 17:2
`hear 3:14 5:1 7:25
`8:1,14
`hearing 3:8 15:13
`15:14
`HELD 1:15
`Hold 9:11
`HON 3:5,20 4:2,6
`4:10,17 5:8 7:18
`8:3,9 9:11,20,24
`10:10,16 11:19
`12:6,18 13:4,10
`14:4,8,24 15:5,23
`16:7,14,17,23
`17:3
`Honor 3:18 4:1,5
`4:14 5:4,17 7:4
`8:22 9:17,23
`10:14 12:4 13:8
`14:2,7,11 15:1
`16:12,21
`hour 15:20
`
`A
`
`a.m 1:18
`accept 15:18
`acknowledge 11:22
`action 18:13,14
`add 4:12 5:15
`16:11
`address 4:24 7:24
`9:8
`addressed 4:21
`8:14
`administerial 13:3
`ahead 5:6
`allow 14:6
`amend 12:23
`APPEARANCES
`2:1
`argument 4:15
`13:2 15:18
`arguments 11:4
`asked 11:14
`asking 3:13,16 9:14
`attempt 7:13
`attorney 18:10,12
`authorization 3:15
`3:24 5:2,4 7:23
`8:5,15 9:15 14:13
`authorizing 8:7,8
`8:10 9:16 16:9
`available 7:6,7
`B
`
`B2 1:6,7
`back 9:25 16:22
`Barcelo 2:5 15:2,2
`15:5,6 16:6
`based 5:12
`bases 9:8,9 11:3,4
`basically 15:10
`basis 5:5 7:20 11:6
`believe 12:20
`benefit 15:16
`best 12:13
`bet 16:23
`bit 3:6
`board 5:25 6:1,9,11
`7:1 8:6,7 12:14,15
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`TRANSCRIPT OF PROCEEDINGS
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`I
`identical 5:21 6:16
`imagine 11:25
`importance 12:9
`important 10:24,25
`include 5:9
`inquiry 15:10
`instituted 5:25 6:9
`7:2
`interested 18:14
`Inventions 1:7 5:23
`IPR 5:21,22,25 6:3
`6:7,10,12,22 7:2
`10:25 11:1 15:19
`IPR2017-00136 1:6
`IPR2017-00137 1:7
`IPRs 7:12 11:6
`15:19
`Ironburg 1:7 5:23
`issue 4:20,24 8:13
`13:11,24,24
`issued 6:5,18
`issues 10:2 15:20
`15:21
`
`J
`J 1:15 3:5,20 4:2,6
`4:10,17 5:8 7:18
`8:3,9 9:11,20,24
`10:10,16 11:19
`12:6,18 13:4,10
`14:4,8,24 15:5,23
`16:7,14,17,23
`17:3
`Jeanese 1:25 18:2
`18:21
`job 11:17,20
`Johnson 1:25 18:2
`18:21
`joinder 7:14
`jointly 12:20
`Joshua 2:4
`Judge 3:6,7 7:19
`9:12
`jump 15:6
`K
`
`Kauffman 1:15 3:5
`3:20 4:2,6,10,17
`5:8 7:18,19 8:3,9
`9:11,13,20,24
`10:10,16 11:19
`12:6,18 13:4,10
`14:4,8,24 15:5,23
`16:7,14,17,23
`17:3
`kind 15:15
`know 4:20 5:8,18
`7:9,13 8:24 10:12
`11:9,21 12:2 13:4
`13:20
`knows 5:18
`L
`let's 12:18
`letter 10:21
`line 3:7
`listening 15:9
`literally 14:21
`little 3:6
`long 10:6,21
`longer 10:18,20
`16:1
`look 9:9
`lot 10:2,18 11:9
`M
`maintain 6:19
`making 16:2
`manner 4:22
`Mark 10:17,20
`mean 9:2 13:16,23
`member 8:18
`members 8:11
`mere 9:1,2
`merely 12:16
`merits 3:22 7:21
`11:12 15:19
`met 6:25
`mind 4:21
`minute 9:12
`MITCHELL 1:16
`month 9:6
`motion 3:22,24 4:7
`
`4:19 5:2,5,12 7:14
`7:20,24 8:16,23
`9:2,4,6,16 12:22
`13:3,5 14:14,15
`14:20 15:13,14
`16:9
`move 3:14
`moving 14:6
`multiple 9:7
`N
`name 18:19
`need 7:21,25 8:5
`16:11,19
`needs 8:14
`Number 12:20
`O
`objected 13:7
`obviously 5:5
`October 1:17 14:21
`office 6:20
`Okay 4:10 5:3 8:2
`9:11,24
`once 6:17
`ongoing 10:11
`12:10
`opportunity 14:3
`oppose 8:23 9:2,6
`opposition 4:5 8:25
`9:2,4 12:13 14:3
`14:17
`oral 13:2 15:18
`order 3:10 9:15
`11:17,24 12:1
`originally 15:12
`outstanding 13:23
`overlap 10:2
`owner 1:8 2:7 3:11
`3:12 11:14 13:6,7
`15:21
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`P
`pages 3:13,16,18
`4:3,8,8 9:17 10:19
`11:13,14,15,16
`13:16,16
`
`panel 5:18 8:11,18
`11:21 14:5 15:24
`paper 10:19
`paragraph 13:22
`part 5:4,7
`particular 7:9 10:4
`particularly 15:16
`parties 5:21,22 6:7
`8:13 18:11
`parties' 10:13
`party 6:18 14:6
`18:12
`patent 1:6,7,8 2:7
`3:11,12 5:20,23
`6:5,8 7:5 11:14
`13:6,7,15,20
`15:21
`patents 6:24
`pending 5:22
`period 14:12,15,16
`14:17,18
`persuasive 10:19
`petition 10:3
`petitioner 1:5 2:3
`3:14 6:18,21,25
`7:10,13,22 8:15
`13:14 15:3
`petitioner's 14:3
`petitions 10:1
`Petravick 3:8
`PHILLIP 1:15 3:5
`3:20 4:2,6,10,17
`5:8 7:18 8:3,9
`9:11,20,24 10:10
`10:16 11:19 12:6
`12:18 13:4,10
`14:4,8,24 15:5,23
`16:7,14,17,23
`17:3
`phone 4:23 8:17
`Please 10:16 12:6
`plenty 13:16,17
`point 3:13 12:5
`14:24 15:3
`portion 10:25
`position 16:8
`possible 11:23
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`Page 20
`precedent 9:9
`prefer 11:17
`prepare 8:24
`pretty 6:15
`previous 11:5
`privy 6:19
`probably 4:8
`procedural 15:21
`proceed 12:3
`proceeding 3:15
`6:19 16:1,4
`proceedings 1:14
`10:11 18:5,9
`prong 6:25
`proper 12:12
`provision 6:14
`public 7:6
`pushes 16:3
`put 5:10 12:13
`Q
`question 3:12 11:7
`15:4
`quick 15:3
`quickly 11:16,23
`12:9,11
`quite 7:3,10
`Quoting 10:17
`R
`raise 11:11
`raised 6:21,22 7:1
`13:14,25 15:20
`readily 7:6
`reading 10:1
`ready 9:22
`real 13:11
`really 3:12 4:23 5:1
`7:21 8:4,14 11:10
`12:10,25 13:11
`reason 4:15,23
`reasonable 10:7
`13:18
`reasonably 6:21
`7:1 13:14
`record 10:1 18:8
`reference 7:1,3,5,6
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`X Y
`
`Yasser 2:9
`yeah 9:21
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`Z 0 1
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`1 6:9
`10 10:19
`10:00 1:18
`11635 1:25 18:21
`12 6:9
`127 6:10
`136 5:22,25 7:2,12
`10:2 12:20
`137 7:2,12 10:2
`15 6:9
`18 6:10 12:20
`2
`
`20 6:1,10
`2017 1:17 18:19
`22nd 5:19 6:6
`3
`3 12:21,22
`30th 14:21
`315(E)(1) 5:12 6:15
`37CFR 6:15
`4
`4 1:17 6:9 12:23,24
`12:25 13:2
`42.73(D)(1) 6:15
`4th 11:25
`5
`5 9:21 10:6 11:16
`13:17
`525 5:20 6:24 13:15
`6
`6,362,813 7:5
`6th 12:1
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`TRANSCRIPT OF PROCEEDINGS
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`7:11 10:4 11:7
`13:12,12,18 15:7
`referring 4:4
`regarding 8:5 12:7
`14:9
`relative 18:11
`relatively 11:12
`Remember 10:20
`render 14:20
`reply 9:6 14:3,17
`reported 1:24 18:6
`reporter 7:19
`16:18,21 18:3
`REPORTER'S
`1:14 18:1
`request 4:15 5:5,11
`6:19 13:2 14:1
`resisting 8:15
`resolve 11:23
`resolved 10:12
`15:25
`resolving 12:9
`respect 5:20 6:4,10
`6:11,20
`respond 4:8 10:15
`rest 8:1
`Rey 15:2
`Reynaldo 2:5
`right 4:6 5:5
`S
`Samuel 2:8 3:17,18
`4:11,13 5:3,17
`7:18 8:2,6 9:14,17
`9:21 13:8,10,11
`14:7 16:10,12
`save 12:11
`saved 14:22
`says 6:17
`schedule 9:3 12:19
`12:21
`search 7:14
`searcher 7:8,15,17
`searching 15:11,17
`second 16:18
`see 3:25 4:23 14:24
`sense 8:4 15:18
`
`September 5:19
`6:6
`set 15:19
`short 10:22 13:21
`16:2
`Shorthand 18:2
`shortly 8:19
`side 11:20 13:5
`sides 12:2 17:1
`significant 13:19
`simplify 3:6
`situation 6:23
`skilled 7:8,17
`smart 5:9
`soon 4:24
`sooner 15:25
`sorry 8:10 15:6
`sort 14:5 16:2
`sounds 8:7,12 9:7
`10:6,7 15:15
`spelling 16:19
`spoke 8:10 15:7
`State 18:3
`stenographically
`18:6
`stipulated 12:21
`story 7:25
`straightforward
`7:3,10
`strings 7:15
`submit 14:15
`submitted 7:14
`subscribed 18:18
`suffice 3:19 9:22
`suggesting 14:16
`support 7:14
`sure 5:17 12:8
`survive 11:2
`T
`take 11:1
`taken 9:18 18:9
`takes 10:18 12:23
`talk 3:21,23 8:5,12
`8:18,21 12:18
`talked 10:3 15:17
`talking 13:13
`
`tall 11:16
`Teleconference
`1:19
`tell 4:19
`ten 3:18 4:3,7,8
`9:17 11:13,14,15
`11:16 13:16
`terminate 5:12
`testimony 18:9
`thank 3:20 14:7
`15:1 16:6,12,16
`16:21,22,23 17:1
`17:2
`thing 10:23 13:1
`14:1 15:15
`think 3:18,24 4:3,7
`4:17,22 5:9 7:22
`7:25 10:6 11:9
`12:15 16:8
`third-party 7:15
`thought 9:12
`three 9:1,5 10:5
`time 8:11,24 9:3,14
`10:6,13,21 11:17
`11:22 12:12 14:12
`14:15 16:13 18:9
`timely 4:22
`timing 12:7 14:10
`today 3:9 8:1,21
`11:24 16:25
`transcribed 18:6
`transcript 1:14
`5:10
`trigger 8:20
`triggers 6:14
`true 6:4 18:8
`trying 4:13
`Twain 10:17,20
`two 9:5 11:2,3
`12:17 13:17 14:23
`typewriting 18:7
`U
`
`U.S 7:5
`understand 3:11
`7:20 12:8
`understood 5:10
`
`16:6
`unmute 16:18
`unpatentable 6:2
`11:5
`USTPO's 7:7
`V
`Valve 1:4 5:22
`Versus 5:23
`Vs 1:6
`
`W
`waiting 14:13
`want 3:21,23 4:11
`4:14 5:6 7:25
`8:12 10:13 12:24
`wanted 3:5 4:21
`5:1 14:1
`wants 3:11
`waste 10:13
`way 3:6 4:20 14:19
`15:22
`we'll 7:23 8:18,19
`9:22 11:24 12:13
`we're 4:22 5:9 8:23
`9:8,9 10:12,13
`11:11 12:2 13:13
`14:13
`Weatherly 1:16 3:7
`week 9:19,20,21
`12:16 14:23
`weeks 9:1,5,6 10:5
`welcome 16:14
`WHEREOF 18:18
`WITNESS 18:18
`wondering 15:9
`word 14:6
`work 12:10,11,16
`14:22
`Worn 7:2,5,11,16
`13:12
`wouldn't 4:24
`wraps 16:8
`write 10:18,19,22
`written 5:19 6:3,5
`6:11,13,17,23
`wrote 10:21
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`7
`7 9:21 10:6 11:16
`12:22 13:17
`770 6:4,24 13:15
`8
`8,641,525 1:6
`9
`9,089,770 1:7
`948 5:13,20 6:3
`949 5:14 6:7,12
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