Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`
`1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _______________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _______________________
` SONOS, INC.
` Petitioner
` v.
` IMPLICIT
` Patent Owner
` _______________________
` Case IPR2018-00766
` Case IPR2018-00767
` Patent No. 8,942,252
` ______________________
`
` REMOTE CONFERENCE CALL
` January 25, 2023
` 1:00 p.m. EST
`
`Reported by:
`Janice M. Kocek, CSR, CLR
`Job No. 53231
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`
`2
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` Report of Proceedings at the remote
`conference call, reported stenographically by
`Janice M. Kocek, License No. 084-002871,
`Certified Shorthand Reporter and Certified
`LiveNote Reporter, and Notary Public of the State
`of Illinois, commencing at the hour of 1:00 p.m.
`EST, on the 25th of January, 2023.
`
` * * *
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`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`IPR2018 - 00766, 00767
`
`January 25, 2023
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`3
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`A P P E A R A N C E S :
` ** ALL PARTIES APPEARING REMOTELY **
`
`PANEL MEMBERS:
` JUDGE SHEILA F. MCSHANE
` JUDGE NABEEL KHAN
`
`FOR THE PETITIONER:
` LEE SULLIVAN SHEA & SMITH LLP
` 656 W Randolph Street, Floor 5W,
` Chicago, Illinois 60661
` 312.754.9602
` BY: COLE B. RICHTER, ESQ.
` richter@ls3ip.com
` ANDREW GERLA, ESQ.
` gerla@ls3ip.com
`
`FOR THE PATENT OWNER:
` FINNEGAN, HENDERSON, FARABOW, GARRETT &
` DUNNER LLP
` 901 New York Avenue, NW
` Washington, DC 20001-4413
` 202.408.4000
` BY: TIMOTHY P. MCANULTY, ESQ.
` timothy.mcanulty@finnegan.com
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`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`IPR2018 - 00766, 00767
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`January 25, 2023
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` JUDGE MCSHANE: This is Judge McShane
` with Nabeel Khan.
` We're here to discuss some
` issues in IPR-2018-00766 and 767 and these
` are the Sonos v. Implicit cases.
` Who do we have on for
` petitioner?
` MR. RICHTER: Good morning, Your
` Honor. This is Cole Richter on behalf of
` petitioner Sonos, Inc. And I believe with
` me is cocounsel from my firm and that's
` Andrew Gerla. Thank you.
` JUDGE MCSHANE: Thank you.
` MR. GERLA: Yes, Your Honor, Andrew
` Gerla here.
` JUDGE MCSHANE: I assume we have a
` court reporter on the line; is that
` correct?
` THE STENOGRAPHER: Yes, this is
` Janice Kocek.
` JUDGE MCSHANE: Who do we have on for
` the patent owner?
` MR. MCANULTY: Thank you, Your Honor.
` Tim McAnulty on behalf of patent owner.
` And yes -- sorry, Your Honor. We did
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`IPR2018 - 00766, 00767
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`January 25, 2023
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` request a court reporter.
` JUDGE MCSHANE: Can I ask you to,
` once you get the transcript, could you get
` that on the docket if you wouldn't mind?
` Is that okay?
` MR. MCANULTY: Yes, Your Honor.
` JUDGE MCSHANE: Very good. Thank
` you.
` So what I'm going to do here,
` which is perhaps a little bit unusual, is
` I'm going to provide a little recap of
` what's gone on so far that we're aware of,
` that is that -- that's in our record.
` And if I'm not getting anything
` correct as I recount it here, please
` correct me, parties, okay?
` So what happened here is the
` final written decisions were issued in
` these case in September 2019. So the
` patent owner appealed to the federal
` circuit. While the appeal was pending, the
` patent owner filed a -- I believe it was
` pending -- the patent owner filed a request
` for rehearing by the director.
` And in that, patent owner argued
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` that they had filed a petition to correct
` inventorship and they wanted remand from
` the federal circuit back to the Board so
` that the case could be considered under a
` corrected inventorship. At that time I
` believe the petition was pending.
` Anyway, the request was denied.
` And what happened in more recent times is
` the federal circuit issued an order
` remanding the case back to us. And that
` appears to be based on the intervening --
` on an intervening issuance of the
` correction of the inventorship
` certificates.
` So now with this -- with this
` remand, I'm going to quote verbatim what
` the federal circuit has ordered, okay?
` So what they -- what they said
` was that "the case is remanded for the sole
` purpose of having the PTAB issue an order
` directing what, if any, impact a
` certificate to correction would have on the
` final written decisions in these cases.
` This Court" -- that is the federal
` circuit -- "retains jurisdiction over the
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`IPR2018 - 00766, 00767
`
`January 25, 2023
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` appeals."
` So what we're here today to talk
` about is the procedure on remand as the
` parties requested. You all requested this
` call. And in the email that you sent to
` us, you noted that an intention anyway to
` meet and confer on the procedure.
` And when you're talking about
` whatever you're proposing, if you could
` tell us whether what you are proposing has
` been consented to by the other side or not,
` we'd appreciate that as we go along.
` So let's hear from petitioner
` first. I'm going to let you guys talk.
` MR. MR. RICHTER: Hi, Your Honor.
` Thank you. This is Cole Richter on behalf
` of petitioner Sonos.
` I believe everything that Your
` Honor stated is accurate with respect to
` the procedural history in this case. I
` will make one minor supplementation to note
` that there was some briefing and
` consideration by the federal circuit
` concerning the impact of the Arthrex
` decision on the case.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` And in view of that, the federal
` circuit did grant a first remand so that
` the patent owner could request the director
` review by the Board. The patent owner did
` request that director review and in that
` director review asked the director to
` reopen the proceedings in view of the
` petitions to correct inventorship. And I
` believe Your Honor referenced that director
` review and those petitions to correct
` inventorship.
` Regarding the --
` JUDGE MCSHANE: Thank you. Thank you
` for the correction.
` MR. RICHTER: Yes, no problem. No
` problem at all.
` Regarding the procedure after
` remand, the parties have conferred in
` November and December of 2022. We have not
` -- the parties have not agreed on a
` procedure after remand.
` Petitioner -- I'll let patent
` owner speak for themselves. But petitioner
` proposes that the patent owner first file a
` 15-page -- no longer than 15-page brief at
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` a date to be determined by the Board
` addressing what it desires the Board to do
` on this remanded review of the certificates
` of correction, followed by a brief followed
` -- filed by petitioner two weeks after that
` filing. And petitioner doesn't believe any
` reply filing is necessary.
` That's the procedure that
` petitioner proposes. Thank you.
` JUDGE MCSHANE: Okay. Well, just --
` might I just ask one question on that?
` What would be the scope --
` MR. RICHTER: Absolutely.
` JUDGE MCSHANE: What would be the
` scope the subject, the issues for the
` briefing? What are you proposing?
` MR. RICHTER: Well, we're proposing
` that the patent owner explain in its
` briefing why the Board should do anything
` at all to modify its final decisions in
` view of the changed inventorship.
` Of course, petitioner's position
` is that the Board should do nothing in view
` of those changed inventorship petitions and
` that the case is final and the appeal
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` should proceed. So the briefing should at
` a minimum address that.
` Second, petitioner believes that
` the briefing should address, I suppose, the
` outstanding issues that the Board would
` need to address if the Board finds that the
` change of inventorship does result in some
` sort of change to the final written
` decisions.
` There were I believe a number of
` decisions that the Board did not reach
` because the Board found that the swear-
` behind was insufficient. And so the Board
` didn't reach some -- some ancillary
` arguments that petitioner raised regarding
` the swear-behind. It just -- it found that
` it wasn't sufficient for reason A and it
` didn't need to reach decisions B, C, D,
` et cetera.
` So at those two issues, Your
` Honor.
` JUDGE MCSHANE: Well, here, I'm going
` to -- I might as well raise this issue
` right now.
` So you -- you mentioned these --
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` the issues that hadn't been reached, okay.
` Now, when I look -- when I look -- let me
` throw this out here.
` We have limited jurisdiction
` over what we're supposed to decide, okay,
` as I read the federal circuit order here.
` And so let me -- let me throw this out.
` Certainly we're supposed to
` perhaps -- well, I'm throwing in a
` "perhaps." But one issue may be the
` retroactive effect of the -- of the
` corrected inventorship on the final written
` decision, whether -- whether there is a
` retroactive effect. So that's one issue,
` right? And that's sort of an initial issue
` to be addressed.
` Do you agree with that?
` MR. RICHTER: Yes, Your Honor.
` This is Cole Richter from
` petitioner.
` JUDGE MCSHANE: Okay. And then if
` you would address, the issue is, you know,
` that would be sort of an up or down, right?
` Either it is -- there is a retroactive
` effect or there isn't a retroactive effect.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` So now if there isn't a
` retroactive effect, say, then the -- that's
` that, right?
` Now, if there is a retroactive
` effect, for the sake of argument, you're
` proposing that as part of this -- this
` briefing that you're going to brief the
` effect -- you know, first of all, the
` retroactive effect. And if there is a
` retroactive effect, you're going to address
` the merits that hadn't been reached.
` Is that what you're suggesting?
` MR. RICHTER: Well, yes, in a way,
` Your Honor.
` We're -- we're proposing -- this
` is Cole Richter for petitioner.
` We're proposing that the -- the
` parties, yes, brief the issue of whether
` there is, yes or no, a retroactive effect
` and then what that retroactive effect ought
` to be on the final written decisions.
` And then I -- I understand the
` Board will consider that briefing and then
` issue some sort of order addressing those
` two issues. And then the case would then
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` return to the federal circuit as the court
` -- as the federal circuit has retained that
` jurisdiction.
` JUDGE MCSHANE: All right. Well,
` let's hear from patent owner, please.
` MR. MCANULTY: Thank you, Your Honor.
` As far as the issues on remand,
` and we too are requesting briefing, it is
` the impact of the change in inventorship
` and the retroactivity in view of what the
` order from the federal circuit is.
` I think we are in agreement with
` petitioner on the number of pages. I think
` that has -- you know, we -- we talked about
` that, and 15 pages seemed to be, at least
` in our view, reasonable.
` We do disagree a little bit on
` the sequence of the briefing. We had
` originally proposed simultaneous briefs,
` 15 pages each, at some point or day to be
` determined by the panel.
` As movement, if there are going
` to be staggered briefings, we would request
` that we have the opportunity for reply.
` That would be normal under a moving party
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` situation. As a compromise, we are okay
` with having opening briefs, simultaneous
` exchange. And then, you know, two weeks
` thereafter having reply briefs
` simultaneously exchanged to sort of
` compromise the differences between each
` party getting a chance to reply to that
` opening brief of the other.
` JUDGE MCSHANE: What about the scope
` of the briefing?
` MR. MCANULTY: The scope of the
` briefing would be, in our view, focused on
` the impact in the change of inventorship
` and the retroactivity of that with respect
` to the final written decision.
` We don't, unless the Board is
` requesting, at this point think there is a
` need to, you know, open it up for any more
` evidence or submissions and things like
` that. You know, we're willing should the
` panel want or ask for it. But for right
` now we're looking at it just from a
` briefing standpoint.
` JUDGE MCSHANE: If you would hold for
` just one minute.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`IPR2018 - 00766, 00767
`
`January 25, 2023
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` (Whereupon, a recess was taken
` from 1:14 p.m. to 1:15 p.m.)
` JUDGE MCSHANE: All right. One other
` question, okay, for patent owner. By the
` way -- rather, for petitioner.
` Patent owner, you didn't have
` anything else to add? You're done?
` MR. MCANULTY: Yes, Your Honor.
` I think that's where we are
` looking for the remand procedure.
` JUDGE MCSHANE: Okay. Well, just
` another question for petitioner for a
` little bit more clarity.
` It seems that everybody is in
` agreement on briefing on the potential
` retroactive effect of the invention
` correction.
` But as to other issues regarding
` the other merits in the case, including the
` ones that we hadn't reached in the original
` final written decision, I'm just wondering
` why you think that we should reach those
` other issues, again, those beyond the
` retroactive -- potential retroactive
` effect.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` MR. RICHTER: Sure. This is Cole
` Richter for petitioner again.
` Your Honor, petitioner's
` position is that the Board would only need
` to reach those issues if it concludes that
` there is some kind of retroactive effect on
` the swear-behind argument as a result of
` the changed inventorship.
` And so petitioner is not
` proposing that we submit additional
` evidence or even argument on those points
` but just rather point out in the briefing
` what those are and that they comprise the
` -- they comprise what the -- what the Board
` ought to address in the event that there is
` some kind of retroactive effect by the
` changed inventorship.
` JUDGE MCSHANE: Right. But what
` you're suggesting is our decision on this
` limited remand, by pointing that out, are
` you suggesting that we actually reach those
` issues?
` I'm just trying to be clear on
` this issue.
` MR. RICHTER: Well, I submit --
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
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` JUDGE MCSHANE: I'm sorry, again,
` presuming that -- that there -- there is a
` retroactive effect.
` MR. RICHTER: Yes. Cole Richter
` again for petitioner.
` I believe that's correct, Your
` Honor. I think petitioner's position is
` that it doesn't -- it doesn't want to waive
` those issues that were not reached by the
` Board in the event that there is some
` change.
` So I'm -- I'm not -- I suppose
` I'm not anticipating precisely what -- what
` form of an order the Board is anticipating
` providing. But in the event that the Board
` intends to alter or revise the final
` written decisions in these cases because of
` the changed inventorship, then it's
` petitioner's position that, you know, there
` -- it should point out in this briefing
` what additional issues the Board should
` reach in that event only.
` JUDGE MCSHANE: Okay. So you're
` proposing just a limited identification, if
` you will, in order to prevent a waiver? Is
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
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`January 25, 2023
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` that it in a nutshell?
` MR. RICHTER: Yes, yes. That seems
` accurate. Thank you.
` All right. Well, hold on one
` second, please.
` (Whereupon, a recess was taken
` from 1:19 p.m. to 1:20 p.m.)
` JUDGE MCSHANE: Okay. Petitioner,
` one thing I just want to again clarify is
` that right now our view anyway is that, and
` correct me if you see it a different way or
` argue it that we should see it a different
` way, is that the briefing on the other
` issues, that is that could potentially be
` reached if there is retroactive effect,
` that those are already in the record, okay.
` And that record is closed at the moment.
` Is that your view?
` MR. RICHTER: Cole Richter for
` petitioner.
` Yes, Your Honor. That's our
` view. They were addressed by at least
` petitioner and likely both parties. Some
` of them were not addressed in the final
` written decision because it was unnecessary
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
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`January 25, 2023
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`
` in view of the rest of the decision to
` reach them.
` JUDGE MCSHANE: Yes. Thank you.
` Understood.
` And do you have any comments on
` that patent owner?
` MR. MCANULTY: Thank you, Your Honor.
` Just that the -- they are in the
` record, those issues, and to the extent the
` Board does, as patent owner we think it
` should, change its mind with respect to the
` impact of what the retroactive effect of
` the change in inventorship has, those are
` in the record.
` We are not proposing any
` additional evidence on remand and leave it
` to the panel to decide how to deal with
` other issues beyond the question of the
` impact of the corrected inventorship.
` JUDGE MCSHANE: Okay.
` All right. Anything else from
` either party at this time?
` MR. MCANULTY: None from patent
` owner, Your Honor.
` MR. RICHTER: Cole Richter for
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`
`20
`
` petitioner.
` Nothing for petitioner. Thank
` you, Your Honor.
` JUDGE MCSHANE: Thank you. We're
` going to take this -- this request under
` advisement and we will be issuing an order.
` So with that, this hearing is
` closed and thank you all very much.
` MR. MCANULTY: Thank you, Your Honor.
` (Time concluded: 1:22 p.m.)
`
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`25
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`
`21
`
` CERTIFICATE OF REPORTER
`
` I, Janice M. Kocek, Certified Shorthand
`Reporter, Certified LiveNote Reporter and Notary
`Public in and for the State of Illinois, County
`of Cook, the officer before whom the proceedings
`were taken, do hereby certify that the foregoing
`transcript is a true and correct record of these
`proceedings; that said proceedings were taken in
`Stenotype notes by me on the 25th day of 2023,
`via teleconferencing, commencing at 1:01 p.m. EST
`and ending at 1:22 p.m. EST.
` I further certify that present on
`behalf of Petitioner Sonos, Inc., were Cole
`Richter and Andrew Gerla of Lee Sullivan Shea &
`Smith LLP, and present on behalf of Patent Owner
`Implicit, LLC, were Timothy McAnulty of Finnegan
`Henderson Farabow Garrett & Dunner LLP
` I further certify that I am not
`related to, nor associated with any of the
`parties or their attorneys, nor do I have any
`disqualifying interest, personal or financial in
`the actions within.
`
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`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`
`22
`
` Dated this 25th day of January, 2023,
`at the State of Illinois and County of Cook.
`
` ___________________________
` Janice M. Kocek, CSR, CLR
` License No. 084-008271
`
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`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`
`
`Conference CallConference Call
`
`
`
`IPR2018 - 00766, 00767IPR2018 - 00766, 00767
`
`January 25, 2023January 25, 2023
`
`1
`
`A
`Absolutely
`9:13
`accurate 7:19
`18:3
`actions 21:24
`add 15:7
`additional
`16:10 17:21
`19:16
`address 10:2,4
`10:6 11:22
`12:10 16:15
`addressed
`11:16 18:22
`18:24
`addressing
`9:2 12:24
`advisement
`20:6
`agree 11:17
`agreed 8:20
`agreement
`13:12 15:15
`alter 17:16
`ancillary 10:14
`Andrew 3:15
`4:12,14
`21:16
`anticipating
`17:13,14
`anyway 6:7 7:6
`18:10
`appeal 1:4
`5:21 9:25
`appealed 5:20
`appeals 7:1
`APPEARING
`3:2
`appears 6:11
`appreciate
`7:12
`argue 18:12
`
`argued 5:25
`argument 12:5
`16:7,11
`arguments
`10:15
`Arthrex 7:24
`asked 8:6
`associated
`21:21
`assume 4:16
`attorneys
`21:22
`Avenue 3:21
`aware 5:12
`B
`B 3:13 10:18
`back 6:3,10
`based 6:11
`behalf 4:9,24
`7:16 21:15
`21:17
`believe 4:10
`5:22 6:6 7:18
`8:9 9:6 10:10
`17:6
`believes 10:3
`beyond 15:23
`19:18
`bit 5:10 13:17
`15:13
`Board 1:4 6:3
`8:4 9:1,2,19
`9:23 10:5,6
`10:11,12,13
`12:23 14:16
`16:4,14
`17:10,14,15
`17:21 19:10
`brief 8:25 9:4
`12:7,18 14:8
`briefing 7:22
`9:16,19 10:1
`
`10:4 12:7,23
`13:8,18
`14:10,12,23
`15:15 16:12
`17:20 18:13
`briefings
`13:23
`briefs 13:19
`14:2,4
`C
`C 3:1 10:18
`call 1:17 2:2
`7:5
`case 1:12,13
`5:19 6:4,10
`6:19 7:20,25
`9:25 12:25
`15:19
`cases 4:5 6:23
`17:17
`Certainly 11:8
`certificate
`6:22 21:1
`certificates
`6:14 9:3
`Certified 2:4,4
`21:4,5
`certify 21:8,14
`21:20
`cetera 10:19
`chance 14:7
`change 10:7,8
`13:9 14:13
`17:11 19:11
`19:13
`changed 9:21
`9:24 16:8,17
`17:18
`Chicago 3:11
`circuit 5:21 6:3
`6:9,17,25
`7:23 8:2 11:6
`
`13:1,2,11
`clarify 18:9
`clarity 15:13
`clear 16:23
`closed 18:17
`20:8
`CLR 1:24 22:7
`cocounsel
`4:11
`Cole 3:13 4:9
`7:16 11:19
`12:16 16:1
`17:4 18:19
`19:25 21:15
`commencing
`2:6 21:12
`comments
`19:5
`comprise
`16:13,14
`compromise
`14:1,6
`concerning
`7:24
`concluded
`20:10
`concludes
`16:5
`confer 7:7
`conference
`1:17 2:2
`conferred 8:18
`consented
`7:11
`consider
`12:23
`consideration
`7:23
`considered
`6:4
`Cook 21:7
`22:2
`correct 4:18
`
`5:15,16 6:1
`8:8,10 17:6
`18:11 21:9
`corrected 6:5
`11:12 19:19
`correction
`6:13,22 8:14
`9:4 15:17
`County 21:6
`22:2
`course 9:22
`court 4:17 5:1
`6:24 13:1
`CSR 1:24 22:7
`D
`D 10:18
`date 9:1
`Dated 22:1
`day 13:20
`21:11 22:1
`DC 3:22
`deal 19:17
`December
`8:19
`decide 11:5
`19:17
`decision 7:25
`11:13 14:15
`15:21 16:19
`18:25 19:1
`decisions 5:18
`6:23 9:20
`10:9,11,18
`12:21 17:17
`denied 6:7
`desires 9:2
`determined
`9:1 13:21
`differences
`14:6
`different 18:11
`18:12
`
`
`
`202-220-4158202-220-4158
`
`
`Henderson Legal Services, Inc.Henderson Legal Services, Inc.
`
`www.hendersonlegalservices.comwww.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`2
`
`directing 6:21
`director 5:24
`8:3,5,6,6,9
`disagree 13:17
`discuss 4:3
`disqualifying
`21:23
`docket 5:4
`Dunner 3:20
`21:19
`E
`
`E 3:1,1
`effect 11:11,14
`11:25,25
`12:2,5,8,9,10
`12:19,20
`15:16,25
`16:6,16 17:3
`18:15 19:12
`either 11:24
`19:22
`email 7:5
`ESQ 3:13,15
`3:24
`EST 1:19 2:7
`21:12,13
`et 10:19
`event 16:15
`17:10,15,22
`everybody
`15:14
`evidence
`14:19 16:11
`19:16
`exchange 14:3
`exchanged
`14:5
`explain 9:18
`extent 19:9
`F
`
`F 3:5
`
`far 5:12 13:7
`Farabow 3:19
`21:19
`federal 5:20
`6:3,9,17,24
`7:23 8:1 11:6
`13:1,2,11
`file 8:24
`filed 5:22,23
`6:1 9:5
`filing 9:6,7
`final 5:18 6:23
`9:20,25 10:8
`11:12 12:21
`14:15 15:21
`17:16 18:24
`financial 21:23
`finds 10:6
`Finnegan 3:19
`21:18
`firm 4:11
`first 7:14 8:2
`8:24 12:8
`Floor 3:10
`focused 14:12
`followed 9:4,4
`foregoing 21:8
`form 17:14
`found 10:12
`10:16
`further 21:14
`21:20
`G
`Garrett 3:19
`21:19
`Gerla 3:15
`4:12,14,15
`21:16
`gerla@ls3ip....
`3:16
`getting 5:14
`14:7
`
`go 7:12
`going 5:9,11
`6:16 7:14
`10:22 12:7
`12:10 13:22
`20:5
`good 4:8 5:7
`grant 8:2
`guys 7:14
`H
`happened
`5:17 6:8
`hear 7:13 13:5
`hearing 20:7
`Henderson
`3:19 21:19
`Hi 7:15
`history 7:20
`hold 14:24
`18:4
`Honor 4:9,14
`4:23,25 5:6
`7:15,19 8:9
`10:21 11:18
`12:14 13:6
`15:8 16:3
`17:7 18:21
`19:7,24 20:3
`20:9
`hour 2:6
`I
`identification
`17:24
`Illinois 2:6
`3:11 21:6
`22:2
`impact 6:21
`7:24 13:9
`14:13 19:12
`19:19
`Implicit 1:9 4:5
`
`21:18
`including
`15:19
`initial 11:15
`insufficient
`10:13
`intends 17:16
`intention 7:6
`interest 21:23
`intervening
`6:11,12
`invention
`15:16
`inventorship
`6:2,5,13 8:8
`8:11 9:21,24
`10:7 11:12
`13:9 14:13
`16:8,17
`17:18 19:13
`19:19
`IPR-2018-00...
`4:4
`IPR2018-007...
`1:12
`IPR2018-007...
`1:13
`issuance 6:12
`issue 6:20
`10:23 11:10
`11:14,15,22
`12:18,24
`16:24
`issued 5:18
`6:9
`issues 4:4
`9:15 10:5,20
`11:1 12:25
`13:7 15:18
`15:23 16:5
`16:22 17:9
`17:21 18:14
`19:9,18
`
`issuing 20:6
`J
`Janice 1:24
`2:3 4:20 21:4
`22:7
`January 1:18
`2:7 22:1
`Job 1:25
`Judge 3:5,6
`4:1,1,13,16
`4:21 5:2,7
`8:13 9:10,14
`10:22 11:21
`13:4 14:9,24
`15:3,11
`16:18 17:1
`17:23 18:8
`19:3,20 20:4
`jurisdiction
`6:25 11:4
`13:3
`
`K
`Khan 3:6 4:2
`kind 16:6,16
`know 11:22
`12:8 13:14
`14:3,18,20
`17:19
`Kocek 1:24 2:3
`4:20 21:4
`22:7
`
`L
`leave 19:16
`Lee 3:9 21:16
`let's 7:13 13:5
`License 2:3
`22:8
`limited 11:4
`16:20 17:24
`line 4:17
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`3
`
`little 5:10,11
`13:17 15:13
`LiveNote 2:5
`21:5
`LLC 21:18
`LLP 3:9,20
`21:17,19
`longer 8:25
`look 11:2,2
`looking 14:22
`15:10
`M
`M 1:24 2:3
`21:4 22:7
`McAnulty 3:24
`4:23,24 5:6
`13:6 14:11
`15:8 19:7,23
`20:9 21:18
`McShane 3:5
`4:1,1,13,16
`4:21 5:2,7
`8:13 9:10,14
`10:22 11:21
`13:4 14:9,24
`15:3,11
`16:18 17:1
`17:23 18:8
`19:3,20 20:4
`meet 7:7
`MEMBERS 3:4
`mentioned
`10:25
`merits 12:11
`15:19
`mind 5:4 19:11
`minimum 10:2
`minor 7:21
`minute 14:25
`modify9:20
`moment 18:17
`morning 4:8
`
`movement
`13:22
`moving 13:25
`N
`
`N 3:1
`Nabeel 3:6 4:2
`necessary 9:7
`need 10:6,18
`14:18 16:4
`New 3:21
`normal 13:25
`Notary 2:5
`21:5
`note 7:21
`noted 7:6
`notes 21:11
`November
`8:19
`number 10:10
`13:13
`nutshell 18:1
`NW 3:21
`O
`OFFICE 1:2
`officer 21:7
`okay 5:5,16
`6:17 9:10
`11:1,5,21
`14:1 15:4,11
`17:23 18:8
`18:16 19:20
`once 5:3
`ones 15:20
`open 14:18
`opening 14:2
`14:8
`opportunity
`13:24
`order 6:9,20
`11:6 12:24
`13:11 17:14
`
`17:25 20:6
`ordered 6:17
`original 15:20
`originally
`13:19
`ought 12:20
`16:15
`outstanding
`10:5
`owner 1:10
`3:18 4:22,24
`5:20,22,23
`5:25 8:3,4,23
`8:24 9:18
`13:5 15:4,6
`19:6,10,24
`21:17
`P
`P 3:1,1,24
`p.m 1:19 2:6
`15:2,2 18:7,7
`20:10 21:12
`21:13
`pages 13:13
`13:15,20
`panel 3:4
`13:21 14:21
`19:17
`part 12:6
`parties 3:2
`5:16 7:4 8:18
`8:20 12:18
`18:23 21:22
`party 13:25
`14:7 19:22
`patent 1:2,4,10
`1:14 3:18
`4:22,24 5:20
`5:22,23,25
`8:3,4,22,24
`9:18 13:5
`15:4,6 19:6
`
`19:10,23
`21:17
`pending 5:21
`5:23 6:6
`personal
`21:23
`petition 6:1,6
`petitioner 1:7
`3:8 4:7,10
`7:13,17 8:22
`8:23 9:5,6,9
`10:3,15
`11:20 12:16
`13:13 15:5
`15:12 16:2,9
`17:5 18:8,20
`18:23 20:1,2
`21:15
`petitioner's
`9:22 16:3
`17:7,19
`petitions 8:8
`8:10 9:24
`please 5:15
`13:5 18:5
`point 13:20
`14:17 16:12
`17:20
`pointing 16:20
`points 16:11
`position 9:22
`16:4 17:7,19
`potential
`15:15,24
`potentially
`18:14
`precisely
`17:13
`present 21:14
`21:17
`presuming
`17:2
`prevent 17:25
`
`problem 8:15
`8:16
`procedural
`7:20
`procedure 7:3
`7:7 8:17,21
`9:8 15:10
`proceed 10:1
`proceedings
`2:1 8:7 21:7
`21:10,10
`proposed
`13:19
`proposes 8:24
`9:9
`proposing 7:9
`7:10 9:16,17
`12:6,15,17
`16:10 17:24
`19:15
`provide 5:11
`providing
`17:15
`PTAB 6:20
`Public 2:5 21:6
`purpose 6:20
`Q
`question 9:11
`15:4,12
`19:18
`quote 6:16
`R
`
`R 3:1
`raise 10:23
`raised 10:15
`Randolph 3:10
`reach 10:11,14
`10:18 15:22
`16:5,21
`17:22 19:2
`reached 11:1
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`

`

`Conference Call
`
`IPR2018 - 00766, 00767
`
`January 25, 2023
`4
`
`12:11 15:20
`17:9 18:15
`read 11:6
`reason 10:17
`reasonable
`13:16
`recap 5:11
`recess 15:1
`18:6
`record 5:13
`18:16,17
`19:9,14 21:9
`recount 5:15
`referenced 8:9
`regarding 8:12
`8:17 10:15
`15:18
`rehearing 5:24
`related 21:21
`remand 6:2,16
`7:3 8:2,18,21
`13:7 15:10
`16:20 19:16
`remanded
`6:19 9:3
`remanding
`6:10
`remote 1:17
`2:1
`REMOTELY
`3:2
`reopen 8:7
`reply 9:7 13:24
`14:4,7
`Report 2:1
`reported 1:23
`2:2
`reporter 2:4,5
`4:17 5:1 21:1
`21:5,5
`request 5:1,23
`6:7 8:3,5
`13:23 20:5
`
`requested 7:4
`7:4
`requesting
`13:8 14:17
`respect 7:19
`14:14 19:11
`rest 19:1
`result 10:7
`16:7
`retained 13:2
`retains 6:25
`retroactive
`11:11,14,24
`11:25 12:2,4
`12:9,10,19
`12:20 15:16
`15:24,24
`16:6,16 17:3
`18:15 19:12
`retroactivity
`13:10 14:14
`return 13:1
`review 8:4,5,6
`8:10 9:3
`revise 17:16
`Richter 3:13
`4:8,9 7:15,16
`8:15 9:13,17
`11:18,19
`12:13,16
`16:1,2,25
`17:4,4 18:2
`18:19,19
`19:25,25
`21:16
`richter@ls3i...
`3:14
`right 10:24
`11:15,23
`12:3 13:4
`14:21 15:3
`16:18 18: