UNITED STATES PATENT AND TRADEMARK OFFICE
`
` ______________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ______________________
`
` MICROSOFT CORPORATION,
`
` Petitioner,
`
` V.
`
` DIRECTSTREAM, LLC,
`
` Patent Owner.
`
` _______________________
`
` IPR2018-01594 (Patent No. 6,434,687)
`
` IPR2018-01599 (Patent No. 6,076,152)
`
` IPR2018-01600 (Patent No. 6,247,110)
`
` IPR2018-01601, -01602, -01603 (Patent No. 7,225,324)
`
` IPR2018-01604 (Patent No. 7,421,524)
`
` IPR2018-01605, -01606, -01607 (Patent No. 7,620,800)
`
` __________________________
`
` PTAB CONFERENCE CALL
`
` October 22, 2019
`
`REPORTED BY: CHRISTINE M. (TINA) YOUNG, CSR NO. 2596
`
`ASSIGNMENT #3606215
`
`Veritext Legal Solutions
`800-336-4000
`
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 1
`
`

`

`1 JUDGE ARBES: Okay. Great. Please file
`2 a copy of the transcript as soon as you can after the
`3 call as an exhibit.
`4 Okay. I believe there is an issue
`5 regarding scheduling that has come up with respect to
`6 the deposition of one of the witnesses. Why don't we
`7 begin with counsel for Patent Owner. Would you like to
`8 explain the situation?
`9 And actually before we do, we would like
`10 to remind -- we received the parties' emails, and we
`11 would just like to remind the parties again to please
`12 follow the board's instructions. We did request a
`13 single email. In the future it would be helpful in
`14 those circumstances where we request a joint email from
`15 the parties, please confer with each other a draft email
`16 and both parties sign off on it before sending so that
`17 we don't have the situation of multiple emails in the
`18 future.
`19 Counsel for Patent Owner go first and
`20 explain the situation.
`21 MR. EVANS: Sure, Your Honor. This is
`22 Chris Evans. So Dr. Mian is one of our key expert
`23 witnesses in all of these IPR's. His mother was
`24 diagnosed with Stage 4 cancer about a month ago. She is
`25 located in Dubai. So in September he went over there to
`Page 4
`
`1 spend time, and I guess within the last week or so, he's
`2 been told that she only had days to live. This was last
`3 week.
`4 As a result of that, we talked to -- I
`5 talked to Microsoft's lawyers, and they agreed to cancel
`6 the deposition that was scheduled to occur at the end of
`7 this week. And so basically the situation is -- I mean,
`8 I don't think in good conscience we can't ask him to
`9 come do a deposition under these circumstances, and
`10 we're just not sure how long it's going to take, you
`11 know, for the situation to resolve. And the way the
`12 schedule is currently set up, there's not a whole lot of
`13 wiggle room to reschedule his deposition, so we think --
`14 or I think under these circumstances that there's
`15 sufficient good cause for the board to extend the
`16 schedule in this case beyond potentially the one-year
`17 mark.
`18 Specifically, we would just like to
`19 request to move back the oral argument date and the
`20 other dates that we can't stipulate to by approximately
`21 six to eight weeks. That will hopefully give us enough
`22 time to let this situation resolve and be able to
`23 schedule Dr. Mian's deposition in a reasonable time.
`24 JUDGE ARBES: Okay. And the proposal that
`25 we have -- it looks like from the emails we have a
`
`Page 2
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`1 A P P E A R A N C E S
`2 Telephonic proceedings, held before Administrative
`3 Patent Judges Kalyan K. Deshpande, Christa P. Zado, and
`4 Justin T. Arbes, before Christine M. Young, A Certified
`5 Shorthand Reporter for the State of Texas.
`
`67
`
`FOR THE PETITIONER, MICROSOFT CORPORATION:
`8 Mr. Scott Border
` Mr. Joseph Micallef
`9 Sidley Austin, LLP
` 1501 K Street, NW
`10 Washington,DC 20005
` Phone: 202-736-8000
`11 Sborder@sidley.com
` Jmicallef@sidley.com
`
`12
`13 FOR THE PATENT OWNER, DIRECTSTREAM, LLC:
`14 Mr. Christopher Evans
` Shore Chan DePumpo, LLP
`15 901 Main Street
` Suite 3300
`16 Dallas, Texas 72202
` Phone: 214-593-9110
`17 Cevans@shorechan.com
`18
`19 Mr. Donald Puckett
` Janik Vinnakota, LLP
`20 8111 Lyndon B. Johnson Freeway
` Suite 790
`21 Dallas, Texas 75251
` 214-390-9999
`22 Dpuckett@jvllp.com
`23
`24
`25
`
`1 P R O C E E D I N G S
`2 JUDGE ARBES: Let's begin. IPR2018-1594.
`3 This is Judge Arbes. We have Judge Deshpande and Judge
`4 Zado on the line. We have counsel for Petitioner?
`5 MR. MICALLEF: Yes, Your Honor, this is
`6 Joe Micallef with Sidley Austin for Petitioner,
`7 Microsoft. And with me is my partner, Scott Border.
`8 JUDGE ARBES: And counsel for Patent
`9 Owner?
`10 MR. EVANS: Yes, Your Honor, this is
`11 Chris Evans from Shore Chan DePumpo, and also Don
`12 Puckett representing the Patent Owner.
`13 JUDGE ARBES: And do we have a court
`14 reporter on the line?
`15 THE COURT REPORTER: Yes, we do. My name
`16 is Tina Young. I am the court reporter, and I can hear
`17 everybody just fine. I just ask that everybody please
`18 speak one at a time and clearly to make sure that I can
`19 take down all the testimony, and if you could also
`20 identify yourself when you are speaking so I know who is
`21 speaking.
`22 JUDGE ARBES: Sure. This is Judge Arbes.
`23 Which party retained the court reporter today?
`24 MR. EVANS: The Patent Owner did, Your
`25 Honor. This is Chris Evans.
`
`Page 3
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`2 (Pages 2 - 5)
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 2
`
`

`

`1 couple of proposals. One, assuming that the one-year
`2 deadline would be extended, and one that would not be.
`3 The latter proposal, is that from the Patent Owner or
`4 Petitioner, just to be clear?
`5 MR. EVANS: So, Your Honor, again, this is
`6 Chris Evans. The only proposal that's agreed to is the
`7 proposal that would extend past the one year. The other
`8 proposal just moves around dates that we could stipulate
`9 to, but we haven't actually agreed to or even really
`10 discussed that proposal.
`11 JUDGE ARBES: Okay. Well, I think we can
`12 start off by saying that the six-month extension
`13 obviously is extremely rare and is not something that
`14 the panel is even able to do, so I think we should
`15 proceed for now on the basis that that would not be
`16 available and try to work out a schedule to accommodate
`17 the situation as best we can.
`18 We certainly are sympathetic to the
`19 situation and scheduling needs. It would be requesting,
`20 as you said, a six-to-eight-week extension of all
`21 deadlines, I take it?
`22 MR. EVANS: Yes, Your Honor, that's what
`23 the schedule we proposed -- the first schedule that we
`24 proposed to you would be.
`25 JUDGE ARBES: Okay. Why don't we hear from
`Page 6
`
`1 THE COURT REPORTER: Mr. Micallef, was that
`2 you speaking?
`3 MR. MICALLEF: I'm sorry. It was.
`4 THE COURT REPORTER: Thank you.
`5 JUDGE ARBES: Okay. What else for the call
`6 today at least? I think we should proceed under the
`7 assumption that the one-year deadline is in effect and
`8 there is no extensions, so let's try to come up with a
`9 schedule that might work, if that is a possibility. Let
`10 me ask the parties -- and this is all assuming the
`11 availability of hearing rooms and staff at the board.
`12 What is the parties' availability for a potential oral
`13 hearing later in January or the first week of February,
`14 if you have your calendars in front of you? Why don't
`15 we start with counsel for Patent Owner.
`16 MR. EVANS: Your Honor, I think we can make
`17 that work.
`18 JUDGE ARBES: Are there any dates that
`19 definitively do not work in that time period?
`20 MR. EVANS: I can only speak for myself and
`21 not my colleagues, but I don't have an issue with it,
`22 but I don't have all my colleagues' calendars in front
`23 of me either, but I'm sure we can work around it.
`24 THE COURT REPORTER: Mr. Evans, was that
`25 you speaking?
`
`Page 8
`
`1 our Petitioner. Would you like to respond?
`2 MR. MICALLEF: Yeah. Our view is we
`3 certainly agree we can't expect Dr. Mian to come back
`4 while his mother is on her death bed, and we don't know
`5 how that's going to play out or when, so that's a big
`6 caveat.
`7 The schedule that the Patent Owner
`8 proposed, it presupposes the panel -- I think it
`9 presupposes the panel moving the -- adopting the
`10 six-month extension; otherwise, I'll just point out it
`11 puts the oral argument date about a month before the
`12 final decision is due, and I guess we didn't really
`13 discuss this, but I think we probably just both assumed
`14 that that was not workable for the panel.
`15 But if it is, I mean, I can -- we can deal
`16 with the schedule that the Patent Owner has proposed.
`17 If not, the one we put there sort of makes -- I think
`18 it's workable. It's a little aggressive, but it's
`19 workable at least and keeps the same oral hearing date
`20 that's already ordered.
`21 I guess if you give us a different oral
`22 hearing date in between what's on the schedule now and
`23 what's in Mr. Evans' proposal, maybe we can go back and
`24 sharpen our pencils and, you know, move the other dates
`25 around too, but we're flexible generally.
`
`Page 7
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`1 MR. EVANS: Yes.
`2 MR. PUCKETT: This is Don Puckett. Let me
`3 chime in as well about the Patent Owner. I think that
`4 we can make any dates that are convenient for the board
`5 work within that time frame.
`6 JUDGE ARBES: Okay. Counsel for
`7 Petitioner?
`8 MR. MICALLEF: Your Honor, I think
`9 February 6th and 7th might be an issue for us, but
`10 otherwise in late, late January or early February, I
`11 think we can make it work.
`12 JUDGE ARBES: Okay. Let me propose -- and
`13 again, this is something that we will need to go back
`14 and check on availability, but January 28th and 29th, a
`15 Tuesday and Wednesday, the last week of January, is
`16 there any objection at this point for those dates?
`17 MR. EVANS: Your Honor, this is Chris Evans
`18 for the Patent Owner, no objection. Just -- my only
`19 concern is just whether that's going to be an adequate
`20 amount of time to let the situation resolve.
`21 JUDGE ARBES: Yes, okay. Why don't the
`22 parties hold on for one minute. You can both stay on
`23 the line. We will go in there while the panel confers,
`24 and then we'll be back and we can discuss further.
`25 (Discussion off the record.)
`
`Page 9
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`3 (Pages 6 - 9)
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`Veritext Legal Solutions
`800-336-4000
`
`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 3
`
`

`

`1 REPORTER'S CERTIFICATE
`2 THE STATE OF TEXAS )
`COUNTY OF DALLAS )
`
`3 4
`
` I, Christine M. Young, Certified Shorthand
`5 Reporter in and for State of Texas, do hereby certify
`6 that the above and foregoing contains a true and correct
`7 transcription of all portions of evidence and other
`8 proceedings requested in writing by counsel for the
`9 parties to be included in this volume of the Reporter's
`10 Record, in the above-styled and numbered cause, all of
`11 which occurred via telephone conference and were
`12 reported by me.
`13 I further certify that this Reporter's Record
`14 of the proceedings truly and correctly reflects the
`15 exhibits, if any, admitted by the respective parties.
`16 WITNESS MY OFFICIAL HAND this the 30th day of
`17 October, 2019.
`18
`19 <%22275,Signature%>
` Christine M. Young,Texas CSR 2596
`20 Expiration Date: 12/2019
` VERITEXT LEGAL SOLUTIONS
`21 Firm Registration No. 571
` 300 Throckmorton Street, Suite 1600
`22 Fort Worth, Texas 76102
` (817) 336-3042
`
`23
`24
`25
`
`1 JUDGE ARBES: This is Judge Arbes. We will
`2 confer with the hearing staff at the board as to other
`3 potential dates that are available a few weeks after the
`4 currently scheduled hearing date and get back to the
`5 parties by email. So what we will do is send you both
`6 an email with other proposed dates for the hearing.
`7 What we would like the parties to do in
`8 response to that is confer with each other and come up
`9 with a proposed schedule for Due Dates 2 through 7,
`10 taking into account the new hearing dates. So if we
`11 extend the dates for the hearing that's Due Date 8, we
`12 would like the parties to come up with a proposed
`13 schedule that hopefully works for both for Due Dates 2
`14 through 7.
`15 We will allow the parties to compress those
`16 dates however you would like. Due Date 7 only needs to
`17 be a few days before the hearing, so if you need to
`18 compress those to further retain, that's fine. The one
`19 thing that we ask is that Due Date 4, the date to
`20 request oral argument, not be changed.
`21 So feel free to modify any of the other
`22 dates other than Due Date 4 and get back to us. We will
`23 send that email as soon as we can. The parties can
`24 confer after that and provide a proposed schedule given
`25 the new dates. Hopefully that should resolve any
`
`Page 10
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`Page 12
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`1 issues. Any questions from either parties?
`2 MR. EVANS: None from Patent Owner, Your
`3 Honor.
`4 MR. MICALLEF: None from Petitioner, Your
`5 Honor.
`6 JUDGE ARBES: Thank you both. And if
`7 anything changes regarding the situation with the Patent
`8 Owner's clearance or any other matters for scheduling,
`9 please let us know and we can have another call.
`10 MR. EVANS: Thank you, Your Honor.
`11 MR. MICALLEF: Thank you, very much.
`12 JUDGE ARBES: Thank you both.
`13 (End of Proceedings.)
`14
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 4
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`

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`[01602 - couple]
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`800-336-4000
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 5
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 6
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`9:21
`oral 5:19 7:11,19
`7:21 8:12 10:20
`ordered 7:20
`owner 1:10 2:13
`3:9,12,24 4:7,19
`6:3 7:7,16 8:15
`9:3,18 11:2
`owner's 11:8
`p
`p 2:1,1,3 3:1
`panel 6:14 7:8,9
`7:14 9:23
`parties 4:10,11,15
`4:16 8:10,12 9:22
`10:5,7,12,15,23
`
`11:1 12:9,15
`partner 3:7
`party 3:23
`patent 1:1,3,10,13
`1:14,15,16,17,18
`2:3,13 3:8,12,24
`4:7,19 6:3 7:7,16
`8:15 9:3,18 11:2,7
`pencils 7:24
`period 8:19
`petitioner 1:7 2:7
`3:4,6 6:4 7:1 9:7
`11:4
`phone 2:10,16
`play 7:5
`please 3:17 4:1,11
`4:15 11:9
`point 7:10 9:16
`portions 12:7
`possibility 8:9
`potential 8:12
`10:3
`potentially 5:16
`presupposes 7:8,9
`probably 7:13
`proceed 6:15 8:6
`proceedings 2:2
`11:13 12:8,14
`proposal 5:24 6:3
`6:6,7,8,10 7:23
`proposals 6:1
`propose 9:12
`proposed 6:23,24
`7:8,16 10:6,9,12
`10:24
`provide 10:24
`ptab 1:21
`puckett 2:19 3:12
`9:2,2
`put 7:17
`
`Veritext Legal Solutions
`800-336-4000
`
`puts 7:11
`q
`questions 11:1
`r
`r 2:1 3:1
`rare 6:13
`really 6:9 7:12
`reasonable 5:23
`received 4:10
`record 9:25 12:10
`12:13
`reflects 12:14
`regarding 4:5 11:7
`registration 12:21
`remind 4:10,11
`reported 1:24
`12:12
`reporter 2:5 3:14
`3:15,16,23 8:1,4
`8:24 12:5
`reporter's 12:1,9
`12:13
`representing 3:12
`request 4:12,14
`5:19 10:20
`requested 12:8
`requesting 6:19
`reschedule 5:13
`resolve 5:11,22
`9:20 10:25
`respect 4:5
`respective 12:15
`respond 7:1
`response 10:8
`result 5:4
`retain 10:18
`retained 3:23
`room 5:13
`rooms 8:11
`
`Page 3
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`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 7
`
`

`

`z
`zado 2:3 3:4
`
`[s - zado]
`
`s
`s 2:1 3:1
`saying 6:12
`sborder 2:11
`schedule 5:12,16
`5:23 6:16,23,23
`7:7,16,22 8:9 10:9
`10:13,24
`scheduled 5:6 10:4
`scheduling 4:5
`6:19 11:8
`scott 2:8 3:7
`send 10:5,23
`sending 4:16
`september 4:25
`set 5:12
`sharpen 7:24
`shore 2:14 3:11
`shorechan.com
`2:17
`shorthand 2:5
`12:4
`sidley 2:9 3:6
`sidley.com 2:11,11
`sign 4:16
`signature 12:19
`single 4:13
`situation 4:8,17,20
`5:7,11,22 6:17,19
`9:20 11:7
`six 5:21 6:12,20
`7:10
`solutions 12:20
`soon 4:2 10:23
`sorry 8:3
`sort 7:17
`speak 3:18 8:20
`speaking 3:20,21
`8:2,25
`specifically 5:18
`
`spend 5:1
`staff 8:11 10:2
`stage 4:24
`start 6:12 8:15
`state 2:5 12:2,5
`states 1:1
`stay 9:22
`stipulate 5:20 6:8
`street 2:9,15 12:21
`styled 12:10
`sufficient 5:15
`suite 2:15,20 12:21
`sure 3:18,22 4:21
`5:10 8:23
`sympathetic 6:18
`t
`
`t 2:4
`take 3:19 5:10
`6:21
`talked 5:4,5
`telephone 12:11
`telephonic 2:2
`testimony 3:19
`texas 2:5,16,21
`12:2,5,19,22
`thank 8:4 11:6,10
`11:11,12
`thing 10:19
`think 5:8,13,14
`6:11,14 7:8,13,17
`8:6,16 9:3,8,11
`throckmorton
`12:21
`time 3:18 5:1,22
`5:23 8:19 9:5,20
`tina 1:24 3:16
`today 3:23 8:6
`told 5:2
`trademark 1:1
`transcript 4:2
`
`transcription 12:7
`trial 1:3
`true 12:6
`truly 12:14
`try 6:16 8:8
`tuesday 9:15
`u
`united 1:1
`v
`
`v 1:8
`veritext 12:20
`view 7:2
`vinnakota 2:19
`volume 12:9
`w
`washington 2:10
`way 5:11
`wednesday 9:15
`week 5:1,3,7 6:20
`8:13 9:15
`weeks 5:21 10:3
`went 4:25
`wiggle 5:13
`witness 12:16
`witnesses 4:6,23
`work 6:16 8:9,17
`8:19,23 9:5,11
`workable 7:14,18
`7:19
`works 10:13
`worth 12:22
`writing 12:8
`y
`yeah 7:2
`year 5:16 6:1,7 8:7
`young 1:24 2:4
`3:16 12:4,19
`
`Veritext Legal Solutions
`800-336-4000
`
`Page 4
`
`PATENT OWNER DIRECTSTREAM, LLC
`EX. 2177, p. 8
`
`