Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`IPR2017-01841 Paper No. 40
`IPR2017-01843 Paper No. 36
`Entered: August 27, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.,
`Petitioner,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`Case IPR2017-018411
`Case IPR2017-018432
`Patent 7,893,501 B2
`____________
`
`
`
`Before JUSTIN T. ARBES, JENNIFER MEYER CHAGNON and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2017-01842 has been consolidated with Case IPR2017-01841.
`2 Case IPR2017-01844 has been consolidated with Case IPR2017-01843.
`
`
`Tel: 571-272-7822
`
`
`
`IPR2017-01841 Paper No. 40
`IPR2017-01843 Paper No. 36
`Entered: August 27, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.,
`Petitioner,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`Case IPR2017-018411
`Case IPR2017-018432
`Patent 7,893,501 B2
`____________
`
`
`
`Before JUSTIN T. ARBES, JENNIFER MEYER CHAGNON and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2017-01842 has been consolidated with Case IPR2017-01841.
`2 Case IPR2017-01844 has been consolidated with Case IPR2017-01843.
`
`
`
`IPR2017-01841, IPR2017-01843
`Patent 7,893,501 B2
`
`
`The date for oral argument in these proceedings, if requested by the
`parties and granted by the Board, was previously set to September 6, 2018.
`IPR2017-01841, Paper 12; IPR2017-01843, Paper 12. Both parties
`requested oral hearing pursuant to 37 C.F.R. § 42.70. IPR2017-01841,
`Papers 32, 36; IPR2017-01843, Papers 29, 32. The parties’ requests for oral
`hearing are granted.
`The hearings will commence at 1:00 pm Eastern Time, on
`Thursday, September 6, 2018, and will be conducted at the USPTO
`Central Headquarters in Alexandria, Virginia (the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia, 22314). At least
`one judge may participate in the hearing via videoconference from a remote
`location; counsel for the parties, however, must appear in person. The
`hearings will be open to the public via in-person attendance on a first-come,
`first-served basis. The Board will provide a court reporter for the hearings,
`and the reporter’s transcript will constitute the official records of the
`hearings. The respective hearing transcript will be entered into the record of
`each proceeding.
`The hearings will be conducted according to the following schedule:
`Case IPR2017-01841 will be argued first. Each party will have sixty (60)
`minutes to present arguments for this proceeding. At the conclusion of these
`arguments, there will be a short break. Following the break,
`Case IPR2017-01843 will be argued. Each party will have sixty (60)
`minutes to present arguments for this proceeding.
`In each of the above-referenced cases, the arguments will proceed as
`follows: Petitioner will argue first and may present arguments regarding the
`instituted grounds. Patent Owner will then have the opportunity to respond
`
`2
`
`
`
`IPR2017-01841, IPR2017-01843
`Patent 7,893,501 B2
`
`to Petitioner’s arguments. Any outstanding Motions may be argued during
`the moving party’s allotted time. Thereafter, Petitioner may use any time it
`has reserved for rebuttal to respond to Patent Owner’s arguments; Petitioner
`may not reserve more than half its total time allotted for rebuttal. Patent
`Owner may then use any reserved sur-rebuttal time, if requested, to address
`Petitioner’s rebuttal; Patent Owner may reserve up to ten minutes for its
`sur-rebuttal.
`Pursuant to the parties’ agreement, demonstrative exhibits must be
`served by August 30, 2018. Demonstrative exhibits are visual aids to oral
`argument and not evidence, and should be clearly marked as such. For
`example, each slide may be marked with the words “DEMONSTRATIVE
`EXHIBIT – NOT EVIDENCE” in the footer. Demonstrative exhibits may
`not be used to advance arguments or introduce evidence not previously
`presented in the record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364,
`1369 (Fed. Cir. 2018) (noting that the “Board was obligated to dismiss [the
`petitioner’s] untimely argument . . . raised for the first time during oral
`argument”). Instead, demonstrative exhibits should cite to the briefs and
`evidence in the record. Demonstrative exhibits, marked as noted above,
`should be filed in accordance with 37 C.F.R. § 42.70(b), and no later than
`September 5, 2018.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. Each party also shall
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing. There is no need to provide a hard copy of the demonstrative
`exhibits for the panel. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`
`3
`
`
`
`IPR2017-01841, IPR2017-01843
`Patent 7,893,501 B2
`
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`For any objections to demonstrative exhibits that cannot be resolved
`after conferring with the opposing party, the parties may file jointly a
`one-page list of objections, no later than September 5, 2018. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will reserve ruling on the objections until the hearing, or after the
`hearing. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. As demonstrative exhibits are not
`themselves evidence, the Board asks the parties to confine demonstrative
`exhibit objections to those identifying egregious violations that are
`prejudicial to the administration of justice.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties should note that at least one member of the
`panel will be attending the hearing electronically from a remote location and
`that if a demonstrative exhibit is not filed or otherwise made fully available
`to the judge presiding over the hearing remotely, that demonstrative exhibit
`will not be considered. The parties also should note that a panel member
`appearing remotely will not able to hear the parties unless they speak into
`the microphone at the podium. Further, documents presented on the Elmo
`projector are not visible to remote judges, so please plan accordingly. If the
`parties have questions as to whether demonstrative exhibits would be
`
`4
`
`
`
`IPR2017-01841, IPR2017-01843
`Patent 7,893,501 B2
`
`sufficiently visible and available to all of the judges, the parties are invited
`to contact the Board at (571) 272-9797.
`The Board expects lead counsel for each party to be present in person
`at the hearings, although any backup counsel may make the actual
`presentation, in whole or in part. If either party anticipates that its lead
`counsel will not be attending the oral arguments, that party should contact
`the Board by e-mail at Trials@uspto.gov no later than two days prior to the
`hearing to initiate a joint telephone conference with the other party and the
`Board to discuss the matter.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`It is
`ORDERED that oral argument for these proceedings shall take place
`beginning at 1:00 pm Eastern Time on September 6, 2018, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`
`5
`
`
`
`IPR2017-01841, IPR2017-01843
`Patent 7,893,501 B2
`
`PETITIONER:
`
`David L. Cavanaugh
`Dominic E. Massa
`Michael H. Smith
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`Dominic.Massa@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
`
`
`PATENT OWNER:
`
`Gerald B. Hrycyszyn
`Richard F. Giunta
`Edmund J. Walsh
`Joshua J. Miller
`WOLF, GREENFIELD & SACKS, P.C.
`GHrycyszyn-PTAB@wolfgreenfield.com
`RGiunta-PTAB@wolfgreenfield.com
`EWalsh-PTAB@wolfgreenfield.com
`joshua.miller@wolfgreenfield.com
`
`
`6
`
`
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