Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 26
`Entered: July 28, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ADVANCED MICRO DEVICES, INC. and
`STMICROELECTRONICS, INC.,1
`Petitioner,
`v.
`COREPHOTONICS LTD.,
`Patent Owner.
`
`____________
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
` IPR2020-00990 (Patent 6,534,805 C1)2
`____________
`
`
`
`Before KRISTEN L. DROESCH, JOHN F. HORVATH, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 STMicroelectronics, Inc., which filed petitions in IPR2021-00355 and
`IPR2021-00356 has been joined as a petitioner to IPR2020-00985 and
`IPR2020-00990, respectively.
`2 We exercise our discretion to issue a single order to be filed in each case.
`
`
`571-272-7822
`
`
`
`
`Paper 26
`Entered: July 28, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ADVANCED MICRO DEVICES, INC. and
`STMICROELECTRONICS, INC.,1
`Petitioner,
`v.
`COREPHOTONICS LTD.,
`Patent Owner.
`
`____________
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
` IPR2020-00990 (Patent 6,534,805 C1)2
`____________
`
`
`
`Before KRISTEN L. DROESCH, JOHN F. HORVATH, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 STMicroelectronics, Inc., which filed petitions in IPR2021-00355 and
`IPR2021-00356 has been joined as a petitioner to IPR2020-00985 and
`IPR2020-00990, respectively.
`2 We exercise our discretion to issue a single order to be filed in each case.
`
`
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
`IPR2020-00990 (Patent 6,534,805 C1)
`
`
`
`On or about July 21, 2021, Petitioner and Patent Owner filed separate
`requests for oral argument in these proceedings. Petitioner requested 45
`minutes of argument per side and Patent Owner requested 60 minutes of
`argument per side. See Papers 37, 38.3
`The parties’ requests for oral argument are granted, and oral argument
`will be held by video conference on September 1, 2021, commencing at
`10:00 a.m. Eastern Time. Because we will hear consecutive argument for
`three different proceedings on September 1, 2021, only 100 minutes of total
`argument time will be allotted for each proceeding. Each party, therefore, is
`granted 50 minutes of argument per proceeding. Arguments for the three
`proceedings will be heard seriatim, based on case number, from lowest to
`highest. However, the parties may argue the cases in any agreed-upon
`alternative order. The Board expects lead counsel for each party to be
`present. However, lead or backup counsel may put forward a party’s
`arguments. If either party anticipates that its lead counsel will not be
`present, the parties should initiate a joint telephone conference with the
`Board no later than two business days prior to the oral hearing to discuss the
`matter.
`The parties are directed to contact the Board at least 10 days in
`advance of the hearing if there are any concerns about disclosing
`
`
`3 Unless otherwise noted, we refer to papers filed in IPR2020-00990. The
`parties filed similar papers in IPR2020-00985 and IPR2020-00989. See
`IPR2020-00985, Papers 24, 25; IPR2020-00989, Papers 25, 26. Petitioner
`requested 60 minutes of oral argument per side in IPR2020-00989. See
`IPR2020-00989, Paper 25.
`
`2
`
`
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
`IPR2020-00990 (Patent 6,534,805 C1)
`
`
`confidential information. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral hearing date
`to receive video set-up information. As a reminder, all arrangements and the
`expenses involved with appearing by video, such as the selection of the
`facility from which a party will attend, must be borne by that party. If a
`video connection cannot be established, the parties will be provided with
`dial-in connection information, and the oral hearing will be conducted
`telephonically. No party may attend the hearing at any USPTO location.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Each party will have fifty (50) minutes of total argument time for each
`proceeding. Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. Therefore, Petitioner will proceed first, and will
`present its arguments with regard to the challenged claims and grounds on
`which we instituted trial. Petitioner may reserve some of its time for
`rebuttal. Patent Owner may respond to Petitioner’s arguments, and may also
`reserve some of its time for rebuttal. Petitioner may then use its rebuttal
`time to respond to Patent Owner’s arguments, and Patent Owner may use its
`rebuttal time to respond to Petitioner’s arguments.
`
`3
`
`
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
`IPR2020-00990 (Patent 6,534,805 C1)
`
`
`
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`presented at the hearing must be served seven business days before the
`hearing. They shall be filed with the Board no later than three business
`days before the hearing. Any objection to demonstrative exhibits should be
`resolved at least two business days prior to the hearing by way of a joint
`telephone conference call to the Board. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. For
`guidance on appropriate content in demonstrative exhibits, the parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (Oct. 23, 2013).
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`identify clearly and specifically each demonstrative referenced (e.g., by slide
`or screen number) to ensure the clarity and accuracy of the court reporter’s
`transcript. In addition, the parties are advised to identify themselves each
`time they speak. Furthermore, the remote nature of the oral hearing may
`result in an audio lag, and the parties are advised to observe a pause prior to
`speaking to avoid speaking over others.
`If the parties have any questions not specifically addressed above,
`they may contact the Board at PTABHearings@uspto.gov.
`
`
`
`
`
`
`4
`
`
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
`IPR2020-00990 (Patent 6,534,805 C1)
`
`
`PETITIONERS:
`Ryan Yagura
`Nicholas J. Whilt
`Xin-Yi Zhou
`J. Kevin Murray
`Brian M. Cook
`O’MELVENY & MYERS LLP
`ryagura@omm.com
`nwhilt@omm.com
`vzhou@omm.com
`kmurray@omm.com
`bcook@omm.com
`
`Harper Batts
`Jeffrey Liang
`Chris Ponder
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`hbatts@sheppardmullin.com
`cponder@sheppardmullin.com
`jliang@sheppardmullin.com
`
`Tyler R. Bowen
`Philip A. Morin
`Roque Thuo
`PERKINS COIE LLP
`bowen-ptab@perkinscoie.com
`morin-ptab@perkinscoie.com
`thuo-ptab@perkinscoie.com
`
`PATENT OWNER:
`Theodoros Konstantakopoulos, Ph.D.
`Jordan N. Malz
`Ryan G. Thorne
`Michael A. Wueste
`
`5
`
`
`
`IPR2020-00985 (Patent 6,651,134 B1)
`IPR2020-00989 (Patent 6,765,407 B1)
`IPR2020-00990 (Patent 6,534,805 C1)
`
`
`Yung-Hoon Ha
`Kevin K. McNish
`DESMARAIS LLP
`tkonstantakopoulos@desmaraisllp.com
`jmalz@desmaraisllp.com
`rthorne@desmaraisllp.com
`mwueste@desmaraisllp.com
`yha@desmaraisllp.com
`kkm-ptab@desmaraisllp.com
`
`
`6
`
`
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