Transcript of Conference Call
`
`Date: March 18, 2021
`Case: Samsung Electronics Co., Ltd. v. Ancora Technologies, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
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`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
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`Page 1 of 43
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`Date: March 18, 2021
`Case: Samsung Electronics Co., Ltd. v. Ancora Technologies, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
`
`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
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`Page 1 of 43
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` -----------------------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` -----------------------------------
` TCL, HTC, LG ELECTRONICS, SAMSUNG, and SONY,
` Petitioners,
` v.
` ANCORA TECHNOLOGIES, INC.,
` Patent Owner.
` -----------------------------------
` Case Nos. IPR2020-01609, IPR2021-00570,
` IPR2021-00581, IPR2021-00583, IPR2021-00663
`
` TELEPHONIC CONFERENCE CALL BEFORE
` JUDGE JONI CHANG, JUDGE KEVIN CHERRY, and
` JUDGE THU A. DANG
` Thursday, March 18, 2021
` 2:10 p.m. PDT
`
`Job No.: 360321
`Pages: 1 - 30
`Reported By: Charlotte Lacey, RPR, CSR No. 14224
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`Transcript of Conference Call
`Conducted on March 18, 2021
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` A P P E A R A N C E S
` (All appearances telephonic)
`ON BEHALF OF PATENT OWNER ANCORA TECHNOLOGIES, INC.:
` DAVID A. GOSSE, ESQUIRE
` NICHOLAS T. PETERS, ESQUIRE
` FITCH, EVEN, TABIN & FLANNERY LLP
` 120 South LaSalle Street, Suite 2100
` Chicago, Illinois 60603
` (312) 577-7000
`
`ON BEHALF OF PETITIONER TCL (IPR2020-01609):
` KYLE R. CANAVERA, ESQUIRE
` PERKINS COIE LLP
` 11452 El Camino Real, Suite 300
` San Diego, California 92130
` (858) 720-5700
` -and-
` BRADFORD A. CANGRO, ESQUIRE
` PV LAW LLP
` 5335 Wisconsin Avenue, Northwest, Suite 440
` Washington, D.C. 20015
` (202) 869-4667
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` A P P E A R A N C E S C O N T I N U E D
`ON BEHALF OF PETITIONER HTC (IPR2021-00570):
` IRFAN LATEEF, ESQUIRE
` BRIAN C. CLAASSEN, ESQUIRE
` KNOBBE MARTENS OLSON & BEAR, LLP
` 2040 Main Street, 14th Floor
` Irvine, California 92614
` (949) 760-0404
`
`ON BEHALF OF PETITIONER LG ELECTRONICS (IPR2021-00581):
` DAVID L. MCCOMBS, ESQUIRE
` HAYNES AND BOONE, LLP
` 2323 Victory Avenue, Suite 700
` Dallas, Texas 75219
` (214) 651-5000
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
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` A P P E A R A N C E S C O N T I N U E D
`ON BEHALF OF PETITIONER SAMSUNG (IPR2021-00583):
` PETER P. CHEN, ESQUIRE
` ANUPAM SHARMA, ESQUIRE
` GREGORY DISCHER, ESQUIRE
` COVINGTON & BURLING LLP
` 3000 El Camino Real, 5 Palo Alto Square, 10th Floor
` Palo Alto, California 94306
` (650) 632-4700
`
`ON BEHALF OF PETITIONER SONY (IPR2021-00663):
` GREGORY S. GEWIRTZ, ESQUIRE
` JONATHAN A. DAVID, ESQUIRE
` LERNER DAVID LITTENBERG KRUMHOLZ & MENTLIK, LLP
` 20 Commerce Drive
` Cranford, New Jersey 07016
` (908) 654-5000
`
`ALSO PRESENT:
` Miki Mullor, Ancora
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` P R O C E E D I N G S
` JUDGE CHANG: So I understand that HTC,
`LG, Samsung, and Sony each filed a petition and
`that petition has -- those -- those proceedings
`have been assigned to the -- this -- this panel.
`Okay. Which is the same panel for IPR2020-01609.
`So -- and they also each filed a motion for
`joinder in each of their cases. And the parties
`requested this conference call with the panel. So
`I just wanted to hear is -- what is the purpose of
`their request. Okay?
` MR. CHEN: Yes, Your Honor. This is
`Peter Chen on behalf of the Samsung entities in
`IPR2021-00583. I will begin since it was my
`initial e-mail to the Board.
` Your Honor, the intent of my clients
`and, I believe, of the other parties seeking to
`join as well was, in part, to comply with the
`provision in the Trial Practice Guide that, within
`five days of filing a motion for joinder and a
`petition, the parties contact the Board to arrange
`for a call so that the Board may manage the
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`proceedings. And pursuant to the filing not only
`by the Samsung entities but also by HTC and LG and
`Sony, the parties felt that there might be some
`efficiency for the Board and for the parties by
`having this consolidated call pursuant to the
`Trial Practice Guide.
` JUDGE CHANG: Well, I appreciate that.
`Thank you.
` Is there any special issues that any of
`the parties have that want to raise during this
`conference call?
` MR. CANAVERA: Your Honor, this is Kyle
`Canavera for TCL.
` JUDGE CHANG: Uh-huh.
` MR. CANAVERA: We would also like to use
`the call to seek leave to file our motion to
`terminate and also to file our written agreement
`separate and confidential. We reached out to the
`Board by e-mail, and we haven't had a
`teleconference yet. So we'd like to seek that
`leave on this call.
` JUDGE CHANG: Okay. That's fine. But
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`send -- do you mind to send us an e-mail also?
`That way we can keep track of it.
` MR. CANAVERA: Yes, Your Honor.
` JUDGE CHANG: So a joint -- joint e-mail
`from TCT [sic] and the patent owner.
` MR. CANAVERA: Yes, Your Honor. We did
`send that, but I am happy to send that back to
`the -- to the Board.
` JUDGE CHANG: Oh, okay. So you did send
`it, or you didn't send it?
` MR. CANAVERA: We did on the --
` JUDGE CHANG: -- because I haven't seen
`that.
` MR. CANAVERA: On the 19th of February,
`we did.
` JUDGE CHANG: Oh, okay. I can
`double-check, because somehow we -- I haven't seen
`it. So -- but that doesn't mean it's you. Maybe
`it's the joint session between our administrator
`and us. So -- but I'm glad you let us know.
`Okay?
` MR. CANAVERA: Thank you, Your Honor.
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` JUDGE CHANG: And -- and how about the
`other parties? Any other issue that they want to
`raise during this conference call?
` MR. CHEN: Your Honor, this is Peter
`Chen on behalf of the Samsung entities. Before I
`proceed, I will cede the floor to counsel for
`patent owner in case they have anything to add on
`this point. And then I'll -- then I'll follow up.
` MR. GOSSE: Your Honor, patent owner.
`This is David Gosse on behalf of patent owner
`Ancora Technologies. We do want to want to
`emphasize our request for the motion for
`termination of the TCL IPR2020-1609 proceeding.
`And --
` JUDGE CHANG: Uh-huh.
` MR. GOSSE: -- we would request that the
`Board consider that motion for termination without
`delay, Your Honor.
` JUDGE CHANG: Okay.
` MR. GOSSE: And I can talk more about
`that at the Board's request.
` JUDGE CHANG: Sure. We can talk about
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`that briefly. Go ahead.
` MR. GOSSE: Your Honor, the 1609
`proceeding should be terminated without delay as
`to all parties. The strong patent policy favors
`settlement, and the Board has discretion to
`terminate this matter under section 317(a).
`Especially given the early stage of the
`proceedings, there has not been any discovery yet,
`and the Board hasn't yet decided any of the merits
`of the case.
` Each of the joinder petitions will be
`subject to discretionary denial under the Board's
`precedent. So Ancora respectfully requests the
`Board to consider the motion for termination
`without -- without delay and without waiting to
`consider those motions for joinder or the -- the
`concurrent petitions for institution.
` JUDGE CHANG: Now, have you found any
`opposition to -- as to any of the motions for
`joinder?
` MR. GOSSE: Our deadline for the first
`two of the motions of our oppositions are due
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`tomorrow, Your Honor. In the -- let's see.
`Tomorrow's deadline is in the HTC case, which is
`the --
` JUDGE CHANG: Uh-huh.
` MR. GOSSE: -- 2021-570 case.
`Oppositions are due on the 23rd in the 581 case
`and also in the Samsung case, which is the 583
`case, Your Honor. So we have not yet filed our
`oppositions to the motion for joinder.
` JUDGE CHANG: Thank you.
` MR. GOSSE: But we will be shortly.
` JUDGE CHANG: Okay. Well, that would be
`good to consider, so...
` Any other issues that you want to bring
`up?
` MR. GOSSE: No, Your Honor. Those are
`them. Thank you.
` JUDGE CHANG: Okay. And how about any
`other parties want to bring up any other issues?
` MR. CHEN: Yes, Your Honor. Peter Chen,
`and then perhaps some of the other counsel will
`speak. But as I indicated a few moments ago, now
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`that I've heard -- now that we have heard from
`both counsel for the petitioner in the underlying
`1609 IPR and now counsel for the patent owner, I
`would make a couple of points.
` First, the Samsung entities -- and I
`believe the other proposed joining parties feel
`very strongly that any motion for termination not
`be ruled upon until after the Board reviews all of
`the pending motions for joinder. We base this, in
`part, on the AIA rules and PTAB decisions that --
` I'm getting a little feedback. Can
`everybody hear me?
` JUDGE CHANG: Yes, I can hear you
`clearly.
` MR. CHEN: Okay. Thank you, Your Honor.
` The decision, for instance, in AT&T
`versus Convergent Media, IPR2017-01237, the
`decision from May of 2017, where, in a similar
`fact pattern, the Board did not rule on motions to
`terminate the underlying IPR until after it had
`ruled on and granted a pending motion for joinder
`that had been timely filed and, as with the
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`motions for joinder here, presented the same
`petition, the same form of expert declaration, no
`delay in the schedule, and would cause no -- no
`issues for the Board in reaching its final
`decision.
` So certainly the Samsung entities -- and
`I'll let the other counsel speak -- but certainly
`the Samsung entities would request that the Board
`not rule on any motion to terminate filed by the
`petitioner and the patent owner in the 1609 IPR
`until after all of the joinder motions have been
`reviewed and ruled upon. Thank you.
` JUDGE CHANG: Okay. Thank you.
` MR. GEWIRTZ: Good afternoon, Your
`Honor. This is Greg Gewirtz for the Sony
`entities. We were the last to participate in this
`joinder. And our IPR number is 2021-00663.
` I echo and support Mr. Chen's statements
`that he made on behalf of Samsung. I believe he
`said them accurately also on behalf of Sony, you
`know, particularly given the large interest here
`of so many parties and so many issues involving
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`this particular situation where the Board has
`already determined that there's a likelihood of
`invalidity of at least one claim of the subject
`patent. And there's district court proceedings
`pending against all the parties, Sony being one of
`them, in different district courts around the
`country.
` Sony would also request that its joinder
`motion be fully considered and briefed and ruled
`upon along with the others prior to any decision
`on the termination motion. We believe it's in the
`interest of equity to do so and also understand
`it's largely an issue of the Board's discretion on
`the timing under all of these facts.
` So for those reasons -- and as Mr. Chen
`said, there's some guiding case law to suggest
`that's a sound approach under AT&T -- we would ask
`that the Board respectfully consider that and rule
`on the merits of all the motions before deciding
`any issue on the termination motion. We would not
`oppose a decision of termination motion after the
`joinder motions are considered and ruled upon and
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`after the parties are joined if the Board should
`decide to grant the motions for joinder on any or
`all of the parties. At that point, it could still
`serve the purpose that Ancora's counsel mentioned
`of encouraging settlement and resolving their
`matter but allowing a patent, which the Board
`already found to have a showing of a likelihood of
`invalidity of at least one claim, to be considered
`in not just Sony's case but the cases of all of
`the petitioners, Samsung and LG and HTC.
` And, on that, I have nothing more to add
`at this time. Thank you.
` JUDGE CHANG: Okay. Thank you.
` MR. McCOMBS: Judge --
` JUDGE CHANG: Anyone else want to --
` MR. McCOMBS: Hi. Yes, Judge Chang.
`This is David McCombs on behalf of LG Electronics
`for IPR2021-581. And I -- I would like to
`reiterate the same request that you've heard from
`the other joinder petitioners and indicate, as
`well, that in our request, our -- our motion for
`joinder, we did request that the -- the panel
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`respectfully consider the motions for joinder
`before -- before considering the motion
`to terminate -- terminate the original
`petitioner's case. And we -- we ask that you take
`that into consideration.
` JUDGE CHANG: Okay. Thank you.
` Anyone else?
` MR. LATEEF: This is Irfan Lateef for
`IPR2021-00570 for HTC. And we agree with the
`comments that the other petitioners have made
`regarding joinder. Thank you.
` JUDGE CHANG: Okay. Uh-huh.
` Any other issue anyone wants to bring
`up?
` No? Okay.
` Let me check with my --
` MR. GOSSE: Your Honor --
` JUDGE CHANG: -- panel members to see --
`okay. Go ahead.
` MR. GOSSE: Your Honor, this is David
`Gosse on behalf of Ancora. If I may respond very
`briefly on the --
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` JUDGE CHANG: Sure.
` MR. GOSSE: -- question of whether there
`will be delay.
` The patent owner preliminary responses
`in the earliest of the joinder petitions will not
`be due until June 9th of 2021, which is, of
`course, about three months -- three months forward
`in time from today. And any likely institution
`decision that might occur would be, of course,
`some period of time after that. And that delay,
`at minimum, is going to be four months after
`institution of the 1609 matter, and its statutory
`time to respond to the patent owner preliminary
`responses could be up to seven months after the
`institution of the 1609 matter.
` So, consequently, Your Honor, the delay
`that's going to be caused as the Board waits to
`decide these institution decisions -- or these --
`these joinder petitions would be substantial and
`could put the timing for the entire 1609 matter
`well outside of the 12-month statutory requirement
`and possibly even beyond the 18 months that would
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`be possible to extend that -- that proceeding
`through -- through permission of the Board.
` So, Your Honor, Ancora Technologies'
`position is the delay caused by waiting for a
`decision on institution with respect to these
`additional joinder petitions would be substantial.
`And given that petitioner TCL has requested to
`terminate in the 1609 matter, there would not be
`any way to proceed with discovery in that matter
`until some other petitioner potentially stands in.
` So, Your Honor, the delay here would be
`substantial. And it's Ancora's position that that
`would be reason for terminating without delay.
` JUDGE CHANG: Okay. And so your
`objection is really just because of the delay, the
`preliminary response, and -- and also if the Board
`takes a full three months to decide to institute
`or not; is that correct?
` MR. GOSSE: Yes, Your -- Your Honor.
`The delay, even for the preliminary responses,
`would be substantial, and then obviously the Board
`needs some time to consider the merits upon
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`receipt of the preliminary response, and that
`would cause further delay.
` JUDGE CHANG: All right. I just want to
`let you -- I think I briefly looked at it. The
`motions, they are what we call "me-too" petitions.
`So from my understanding of the brief review of
`the 570, 581, 583, and 663, they all contain
`basically the same -- substantively the same
`petition as the TCP's [sic] petition. So -- and I
`think we can safely say it wouldn't take the full
`amount of time.
` MR. GOSSE: Your Honor, respectfully,
`there -- there are discretionary denial issues at
`play in each one of these cases.
` JUDGE CHANG: Okay.
` MR. GOSSE: And there are substantive
`arguments that Ancora expects to make in its
`preliminary response that it did not make in the
`1609 matter. So there -- there may be perhaps
`more to decide than -- than you might expect.
` JUDGE CHANG: Okay. Thanks for that
`information.
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 19 of 43
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`
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`Transcript of Conference Call
`Conducted on March 18, 2021
`
`19
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` Anything else from --
` MR. CHEN: Your Honor --
` JUDGE CHANG: -- other parties?
` Yeah.
` MR. CHEN: Yes, Your Honor. Thank you.
`Peter Chen on behalf of the Samsung entities.
` In response to counsel's points, I would
`say only a couple of things. First, certainly, on
`behalf of my clients, in order to try to expedite
`the schedule, we would be willing to consider
`filing any reply to any opposition on the joinder
`as early as practicable within the 30-day window
`that is typically allowed for replies. So we
`could advance that and have our papers on file so
`the Board would be able to review them in a more
`expedited fashion.
` And, second, to counsel's point about
`the patent owner preliminary responses, I would
`offer that my presumption would be that in these
`oppositions that counsel mentioned, the first of
`which we'll see tomorrow and at least two others
`next week, it certainly would not surprise me if
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 20 of 43
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`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`20
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`those oppositions contained certain arguments that
`would be perhaps readily reusable in any patent
`owner preliminary response.
` So I'm not certain that the amount of
`delay and analysis that counsel speaks to would
`necessarily be as -- as significant as -- as
`perhaps one might imagine. So certainly my
`clients would do everything possible to ensure
`that the joinder process be moved along as
`expeditiously under the circumstances. Thank you.
` JUDGE CHANG: Okay. And --
` MR. GOSSE: Your Honor, this is --
` JUDGE CHANG: Okay. Go ahead.
` MR. GOSSE: This is David Gosse on
`behalf of Ancora. If -- if I may, I can either
`wait until after others have respond -- said their
`piece or respond now.
` JUDGE CHANG: Either way. I haven't
`heard anyone else stepped up and wanted to --
` MR. GOSSE: Okay. Your Honor, the
`issue -- the issue with respect to the response to
`the motion for joinder -- I'm looking at other
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 21 of 43
`
`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`21
`
`decisions from the Board. It appears the Board's
`preference generally is not to hear argument about
`the discretionary denial factors in those motion
`for joinder but rather to focus on the factors
`that are enumerated in the Trial Practice Guide.
`If the Board prefers otherwise, we can certainly
`respond in a more fulsome way tomorrow. But, of
`course, page limits do restrict us. And so the --
`the full response really will not happen until the
`patent owner preliminary response in those joinder
`petitions.
` JUDGE CHANG: It will help us to -- to
`get that information as soon as possible because,
`you know, if you want us to -- I mean, I'd rather
`have more information and see a full picture
`because here -- issues are complex. It involves,
`you know, a lot of parties here.
` So if you can -- I mean, if you want, I
`can increase your page limit by seven additional
`pages, because that's normally -- that's how much
`we may authorize for -- for discretionary denial.
`But if you want more, let me know your reasons, if
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`
`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 22 of 43
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`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`22
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`there are good cause to raise -- to increase,
`extend more than seven pages.
` MR. GOSSE: Yes, Your Honor. The -- the
`page limit -- the page limits would help, Your
`Honor.
` JUDGE CHANG: Okay.
` MR. GOSSE: Of course, we're finalizing
`our motions and, you know, the day before the
`deadline right now.
` JUDGE CHANG: Uh-huh.
` MR. GOSSE: So that does complicate
`things a little bit for us.
` JUDGE CHANG: Okay.
` MR. GOSSE: If there's any chance we
`could extend the deadline until perhaps Monday,
`that might assuage some of the -- some of the
`problem.
` JUDGE CHANG: Okay. Yeah. Because I
`would like to, you know, hear -- since one of your
`argument is that each one of these other
`petitioners do -- their petition raised the
`discretionary denials and that's one of the
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 23 of 43
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`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`23
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`reasons why you say that we should terminate the
`proceeding before considering their motion for
`joinder, I think it would be good to understand
`the issue that you just raised here.
` So if you -- we -- we can extend it,
`your opposition. Which one is it? It's the HTC,
`you say, and the LG?
` MR. GOSSE: Yes, Your Honor. The first
`of the oppositions is in the HTC matter, which is
`the 570 IPR.
` JUDGE CHANG: Okay. Okay.
` MR. GOSSE: The second -- the second one
`that's due would be the LG matter, which is the
`581. That one's not due until the 23rd, Your
`Honor. So we can --
` JUDGE CHANG: Okay.
` MR. GOSSE: We can work with that
`existing deadline in the 581 matter.
` JUDGE CHANG: Okay. How about 583?
` MR. GOSSE: 583, Your Honor, also is --
`is due on the 23rd. We can work with that
`deadline, Your Honor.
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 24 of 43
`
`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`24
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` JUDGE CHANG: Okay. Okay. Yeah.
`Sorry. My computer is having problems, so I
`couldn't look any of those dates up. So...
` Yes. We will extend your deadline for
`your opposition in the 570 till Monday, close of
`business Monday, and also increase the page limit
`of your opposition the seven pages on all the
`oppositions.
` Is that okay? Is that sufficient?
` MR. GOSSE: Yes. Yes, Your Honor. I
`was going to ask about the additional pages in the
`other matters. And, yes -- yes, we would like the
`additional pages --
` JUDGE CHANG: Okay.
` MR. GOSSE: -- to address discretionary
`denial issues in the other matters.
` JUDGE CHANG: Yeah. Uh-huh.
` MR. GEWIRTZ: And, Your Honor, this is
`Greg Gewirtz again, counsel for Sony in the 663
`case. And our case was the last to file, so the
`date is a little later. If it's something maybe
`to consider, I know -- and, of course, counsel
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 25 of 43
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`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`25
`
`indicating a need to want to expedite things, and
`since apparently there will be some similar
`issues, perhaps, just for the various different
`cases, our deadline is set after the other
`deadlines, but if HTC counsel wishes to move ours
`up -- I know the others were being moved back a
`little, the first one -- we have no objection to
`that. And then we could respond accordingly just
`to accommodate your need to get this more quickly
`considered. Otherwise, we're fine without any
`change on the 663 case.
` JUDGE CHANG: Okay.
` MR. GOSSE: Your Honor, this is David
`Gosse for Ancora. The deadline for the Sony
`motion for joinder is -- is going to be, I
`believe, 30 days from March 15th, which puts it
`closer to April 15th. Ancora is going to need the
`full length of time to respond to that motion.
`There are issues related --
` JUDGE CHANG: Okay.
` MR. GOSSE: -- to petitioner's counsel
`in that matter that need to be resolved. And so
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 26 of 43
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`
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`Transcript of Conference Call
`Conducted on March 18, 2021
`
`26
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`the time is going to be necessary to -- to resolve
`representation.
` JUDGE CHANG: Uh-huh. Okay. And we
`wouldn't move your deadline, but we will increase
`the page limit on the opposition.
` MR. GOSSE: Thank you, Your Honor.
` JUDGE CHANG: Okay.
` MR. GEWIRTZ: Okay. And that's fine
`with Sony, Your Honor. I just wanted to raise it
`as an option to address the concern about any
`potential timing delay. We're fine leaving it
`right where it is. So thank you for this
`consideration, and we appreciate Mr. Gosse's
`response on behalf of Ancora.
` JUDGE CHANG: Okay. Thank you.
` Any other issue before I want to check
`with my panel members for a few minutes?
` MR. McCOMBS: Yes -- yes, Judge Chang.
` JUDGE CHANG: Okay. Go ahead.
` MR. McCOMBS: Judge Chang, this is David
`McCombs on behalf of LG Electronics. One question
`I would have is -- is the -- the need for patent
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 27 of 43
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`
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`Transcript of Conference Call
`Conducted on March 18, 2021
`
`27
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`owner preliminary response and whether that could
`be waived. If we're going to be hearing about the
`discretionary denial issues with additional pages
`provided for in the opposition, do we really need
`to have those issues later addressed in a patent
`owner preliminary response? And do we need to
`hear any substantive issues when these are me-too
`petitions in a patent owner preliminary response,
`and, therefore, would it be appropriate for the
`patent owner to waive the -- the preliminary
`response at this time?
` JUDGE CHANG: I -- I'll let the counsel
`for the patent owner to respond to that.
` MR. GOSSE: Your Honor, this is Dave
`Gosse on behalf of Ancora.
` JUDGE CHANG: Uh-huh.
` MR. GOSSE: The patent owner is -- is
`likely not going to be willing to waive its
`preliminary response, which is, of course, its
`right to file a preliminary response in response
`to the petition. Patent owner has substantive
`arguments to make that, as noted before, were not
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 28 of 43
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`Transcript of Conference Call
`Conducted on March 18, 2021
`
`28
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`made in the 1609 matter. And Ancora intends to
`raise those in its preliminary responses to these
`joinder petitions.
` JUDGE CHANG: Yeah. In other cases that
`we -- I had in the past, I had allowed patent
`owner time to file their preliminary response.
`But some of the panels have shortened the time
`frame so that it's -- we'll have all the
`information and also plus help with a -- should
`highlight the problem of the delay.
` So here the patent owner response is due
`April 23rd in the IPR2020-01609. So -- and the
`preliminary response is due in the first case,
`570, the joinder case, in June. So, I mean, I
`really don't want to have duplicate work for the
`patent owner. So if this response and the
`preliminary response is very similar... So we can
`at least try to maybe coordinate the time so it's
`similar time frame.
` MR. GOSSE: Yes, Your Honor. That --
`that's something -- I can't really commit on the
`line today to that, but it's something we could
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`Sony Ex. 1016
`Sony v. Ancora, IPR2021-00663
`
`Page 29 of 43
`
`
`
`Transcript of Conference Call
`Conducted on March 18, 2021
`
`29
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`discuss further.
` Your Honor, the -- the one additional
`issue, Your Honor, would be -- I apologize, Your
`Honor. I think that's all I have, Your Honor.
`Thank you.
` JUDGE CHANG: Okay. I'm just going to
`take a few minutes. Okay? Everybody hang on.
` (A recess ensued from 2:41 p.m. to
`2:42 p.m.)
` JUDGE CHANG: Okay. This is Judge Chang
`again. The panel do not have -- it does not have
`any further questions
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