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` CONFERENCE CALL - 11/1/16
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`-----------------------------X
`AEROHIVE NETWORKS, INC.,
` Petitioner,
` vs. Case Nos.
` IPR2016-01757
`CHRIMAR SYSTEMS, INC., IPR2016-01758
` Ipr2016-01759
` Patent Owner.
`-----------------------------X
`
` CONFERENCE CALL
` Tuesday, November 1, 2016
` 3:24 p.m.
`B E F O R E:
` Panel:
` JUDGE WEINSCHENK
` JUDGE EASTHOM
` JUDGE ANDERSON
`
`Reported by:
`Jennifer Ocampo-Guzman, CRR, CLR
`JOB NO. 115156
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-1
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 2
`
`A P P E A R A N C E S:
`
` Attorneys for Petitioner:
` WILSON SONSINI GOODRICH & ROSATI
` 650 Page Mill Road
` Palo Alto, California 94304
` BY: MATTHEW ARGENTI, ESQ.
`
` Attorneys for Patent Owner:
` THOMPSON & KNIGHT
` 1722 Routh Street
` Dallas, Texas 75201
` BY: JUSTIN COHEN, ESQ.
`
`TSG Reporting - Worldwide 877-702-9580
`
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`Chrimar Systems, Inc.
`Exhibit 2089-2
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 3
`
`APPEARANCES (Continued):
` McDERMOTT WILL & EMERY
` Attorneys for AMX
` 227 West Monroe Street
` Chicago, Illinois 60606
` BY: AMOL PARIKH, ESQ.
`
` NORTON ROSE FULBRIGHT
` Attorneys for Dell
` 98 San Jacinto Boulevard
` Austin, Texas 78701
` BY: GILBERT GREENE, ESQ.
`
`TSG Reporting - Worldwide 877-702-9580
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`Chrimar Systems, Inc.
`Exhibit 2089-3
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 4
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` CONFERENCE CALL - 11/1/16
` JUDGE WEINSCHENK: Mr. Parikh, for
` AMX, I think it's your position that you
` don't oppose the motion for joinder; is
` that correct.
` MR. PARIKH: That's correct, Your
` Honor. That's was the position we took
` when the motion was originally filed and
` we haven't modified our position.
` JUDGE WEINSCHENK: Okay. And I'll
` you ask the same question, I asked the
` other party. If we were to take this
` motion up for joinder sometime in
` December or January after patent owner
` filed their preliminary response, would
` we need to change the schedule in these
` cases at all or would the schedule be
` the same?
` MR. PARIKH: AMX doesn't see a
` reason that the schedule would be need
` to be changed.
` JUDGE WEINSCHENK: Okay. And Mr.
` Greene, for Dell, same questions. Do
` you oppose the motion for joinder or not
` and would we be able to maintain the
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-4
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 5
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` CONFERENCE CALL - 11/1/16
` same schedule if we did join Aerohive.
` MR. GREENE: Dell is unopposed to
` the motion for joinder and we think we
` will be able to maintain the same
` schedules.
` JUDGE WEINSCHENK: Okay. All
` right. Thank you all for that. I'm
` going to place all of you on a brief
` hold while I confer with the panel and
` I'll be back with you shortly.
` (Panel confers off the record.)
` (Discussion off the record.)
` JUDGE WEINSCHENK: Okay. This is
` Judge Weinschenk again.
` Do we still have Mr. Argenti for
` Aerohive?
` MR. ARGENTI: Yes, Your Honor.
` JUDGE WEINSCHENK: Do we still have
` Mr. Cohen for Chrimar?
` MR. COHEN: Yes, Your Honor, and
` the court reporter has joined the call.
` JUDGE WEINSCHENK: Okay. Well,
` does the court reporter need any
` spelling of the judge's names while you
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-5
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 6
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` CONFERENCE CALL - 11/1/16
` have me on the line?
` COURT REPORTER: Yes, Your Honor.
` JUDGE WEINSCHENK: I've been doing
` the speaking my name is Judge
` Weinschenk, W-E-I-N-S-C-H-E-N-K. We
` also have Judge Easthom, E-A-S-T-H-O-M,
` and Judge Anderson, A-N-D-E-R-S-O-N.
` Do we still have Mr. Parikh for
` AMX?
` MR. PARIKH: Yes, Your Honor.
` JUDGE WEINSCHENK: And do we have
` Mr. Greene for Dell?
` MR. GREENE: Yes, Your Honor.
` JUDGE WEINSCHENK: All right. So
` I've conferred with the panel, and we
` have a couple of follow-up questions.
` One, to the extent patent owner
` and/or the other parties can tell us,
` what is the status of any settlement
` that is being reached and which parties
` and which IPRs might be involved.
` MR. COHEN: Your Honor, this is the
` Justin Cohen for patent owner. We've
` reached a settlement in principle with
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-6
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 7
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` CONFERENCE CALL - 11/1/16
` AMX. This would affect only one of the
` three IPRs involved, because Dell is a
` party to the other two.
` JUDGE WEINSCHENK: Okay. And which
` IPR just has AMX?
` MR. COHEN: That's 2016-00573.
` JUDGE WEINSCHENK: And you have not
` as of yet reached a settlement with
` Dell.
` MR. COHEN: Correct, Your Honor.
` JUDGE WEINSCHENK: Is that
` understanding correct for AMX, Mr.
` Parikh?
` MR. PARIKH: Yes, it is, Your
` Honor.
` JUDGE WEINSCHENK: And is that
` correct for Dell, Mr. Greene?
` MR. GREENE: That's right, Your
` Honor.
` JUDGE WEINSCHENK: Okay. All
` right. I'm going to run through the
` parties one more time to see if anyone
` has anything to add.
` Mr. Argenti, for Aerohive, is there
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-7
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 8
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` CONFERENCE CALL - 11/1/16
` anything else you would like to add
` regarding this preliminary response
` deadline before we take this up?
` MR. ARGENTI: No, Your Honor.
` Thank you.
` JUDGE WEINSCHENK: Is there
` anything else that you would like to
` add, Mr. Cohen, for patent owner?
` MR. COHEN: Yes, Your Honor. My
` understanding is that is that the motion
` for joinder has to be considered after
` the patent owner files its preliminary
` response, per the statute.
` JUDGE WEINSCHENK: Okay. Does
` either Mr. Parikh or Mr. Greene have
` anything to add at this time?
` MR. PARIKH: Nothing from the AMX,
` Your Honor.
` MR. GREENE: Nothing from Dell.
` JUDGE WEINSCHENK: I think the
` panel understands all of the issues from
` the various parties. What we are going
` to do is take this issue under
` advisement and we will issue an order
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-8
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 9
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` CONFERENCE CALL - 11/1/16
` shortly as soon as possible indicating
` our ruling and whether we're going to
` shorten the preliminary response
` deadline of these cases.
` With that said, are there any
` questions from Aerohive?
` MR. ARGENTI: No, Your Honor.
` JUDGE WEINSCHENK: Any questions
` from patent owner, Chrimar?
` MR. COHEN: None, Your Honor.
` Thank you.
` JUDGE WEINSCHENK: And Mr. Cohen, I
` think we will have a partial transcript
` of this call. When it's ready, can you
` file that as an exhibit in the record.
` MR. COHEN: We will, Your Honor.
` JUDGE WEINSCHENK: Okay. And
` anything, any questions from AMX, Mr.
` Parikh.
` MR. PARIKH: No, Your Honor.
` JUDGE WEINSCHENK: Any questions
` from Dell, Mr. Greene.
` MR. GREENE: No, Your Honor.
` JUDGE WEINSCHENK: Thank you all
`
`TSG Reporting - Worldwide 877-702-9580
`
`Chrimar Systems, Inc.
`Exhibit 2089-9
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 10
`
` CONFERENCE CALL - 11/1/16
` for joining the call. I appreciate the
` time. Have a good afternoon. This call
` is adjourned.
` (Time noted: 3:35 p.m.)
`
`TSG Reporting - Worldwide 877-702-9580
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`Chrimar Systems, Inc.
`Exhibit 2089-10
`IPR2016-01758 USPN 9,019,838
`
`
`
`Page 11
`
` C E R T I F I C A T E
`STATE OF NEW YORK )
` : ss.
`COUNTY OF NEW YORK )
`
` I, Jennifer Ocampo-Guzman, a
` Notary Public within and for the State
` of New York, do hereby certify that the
` within is a true and accurate
` transcript of the proceedings taken on
` November 1, 2016.
` I further certify that I am not
` related to any of the parties to this
` action by blood or marriage and that I
` am in no way interested in the outcome
` of this matter.
` IN WITNESS WHEREOF, I have
` hereunto set my hand this 1st day of
` November 2016.
`
` _______________________________
` JENNIFER OCAMPO-GUZMAN, CRR, CLR
`
`TSG Reporting - Worldwide 877-702-9580
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`Chrimar Systems, Inc.
`Exhibit 2089-11
`IPR2016-01758 USPN 9,019,838