`571-272-7822
`
`Paper 23
`Entered: March 2, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2022-01248 (Patent 8,842,653 B1)
` IPR2022-01249 (Patent 9,019,946 B1)1
`
`
`
`
`
`
`
`
`
`
`Before HYUN J. JUNG, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 We use our discretion to issue one order for both proceedings. The parties
`are not authorized to use this type of caption.
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`A conference call in the above-captioned proceedings was held on
`March 1, 2023 with Mr. Jeremy Monaldo, counsel for Petitioner Samsung
`Electronics Co. Ltd. and Samsung Electronics America, Inc.; Mr. Parham
`Hendifar, counsel for Patent Owner Smart Mobile Technologies LLC in
`IPR2022-01248; Mr. Philip Graves, counsel for Patent Owner in IPR2022-
`01249; and Judges Jung, Baer, and Moore.
`In a prior email to the Board, Petitioner requested authorization to file
`a motion to submit supplemental information in each proceeding. Petitioner
`indicated that Patent Owner opposed the request. A conference call was
`arranged to discuss the request.
`During the conference, the parties discussed, inter alia, whether the
`supplemental information in the form of a declaration from Petitioner’s
`declarant to address issues regarding certain claims would be helpful or
`prejudicial, the sufficiency of the petitions filed in both proceedings, and the
`potential impact on the trial schedules.
`We took the matter under advisement. Upon further consideration, we
`authorize Petitioner to file a motion to submit supplemental information in
`each proceeding. The motion is limited to ten pages of argument and must
`be filed within five business days of the date of this Order. As discussed
`during the conference, Petitioner can also file the proposed declaration with
`its motion in an appendix to the motion, and the proposed declaration is not
`subject to page limit stated above. No other evidence may be filed with the
`motion.
`Patent Owner may file an opposition to Petitioner’s motion in each
`proceeding limited to ten pages of argument within within five business days
`
`2
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`of being served with the motion. No additional evidence may be filed with
`opposition.
`Also, as discussed during the conference, a reply to Patent Owner’s
`opposition is not authorized. If either party believes additional evidence is
`necessary, it should meet and confer with the other side and contact the
`Board by email.
`
`
`ORDER
`
`It is hereby:
`ORDERED that Petitioner is authorized to file a motion to submit
`supplemental information limited to ten pages of argument within five (5)
`business days of the date of this Order in each proceeding;
`FURTHER ORDERED that Patent Owner may file an opposition
`limited to ten pages of argument within five (5) business days of being
`served with the motion in each proceeding; and
`FURTHER ORDERED that no reply to the opposition is authorized.
`
`
`
`3
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`For PETITIONER:
`
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`Aamir A. Kazi (pro hac vice)
`FISH & RICHARDSON P.C.
`axf-ptab@f.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
`
`Andrew S. Ehmke
`Clint S. Wilkins
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`
`For PATENT OWNER:
`
`Kenneth Weatherwax
`Parham Hendifar
`Vinson Lin
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`lin@lowensteinweatherwax.com
`
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`
`
`
`
`
`4
`
`
`
`IPR2022-01248 (Patent 8,842,653 B1)
`IPR2022-01249 (Patent 9,019,946 B1)
`Philip J. Graves (pro hac vice)
`Greer N. Shaw (pro hac vice)
`GRAVES & SHAW LLP
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`5
`
`
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