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`By: Martin M. Zoltick, Lead Counsel
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`Robert P. Parker, Back-up Counsel
`Derek F. Dahlgren, Back-up Counsel
`Michael H. Jones, Back-up Counsel
`
`Mark T. Rawls, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: mzoltick@rfem.com
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` rparker@rfem.com
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` ddahlgren@rfem.com
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` mjones@rfem.com
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` mrawls@rfem.com
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` Date filed: January 29, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`VIZIO, INC.,
`Petitioner,
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2018-00386
`Patent 9,490,411
`_______________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`Case IPR2018-00386
`Patent 9,490,411
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Pursuant to the Scheduling Order, dated June 26, 2018 (Paper 16), Patent
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`Owner Nichia Corporation (“Patent Owner”) respectfully requests oral argument,
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`which is scheduled to be held on March 5, 2019.
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`Patent Owner Nichia requests a combined oral hearing for IPR2018-00386
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`and IPR2017-00437 proceedings with an allocation of 75 minutes per side for the
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`combined hearing. The oral argument in both IPRs is scheduled for March 5,
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`2019, and involves the same parties, patents of the same family, and overlapping
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`issues. Both trials are in front of the same panel of Administrative Patent Judges.
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`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner identifies the following
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`issues as among those to be addressed at the oral argument:
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`(1) Whether the term “region below an upper surface of the metal part”
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`should be given its plain and ordinary meaning, such that the upper
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`surface of the metal part provides a boundary to the claimed region that
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`is below it.
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`(2) Whether the term “a resin package comprising a resin part and a metal
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`part” is properly construed as referring to a resin package, a resin part,
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`and a metal part (leads) of “a singulated light emitting device;”
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`2
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`(3) Whether Petitioner has met its burden of proving that the Challenged
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`Claims are unpatentable under 35 U.S.C. § 103 over Loh under any of
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`Case IPR2018-00386
`Patent 9,490,411
`
`the grounds advanced in the Petition;
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`(4) Any issues raised by Petitioner in its request for oral argument;
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`(5) Any procedural or evidentiary issues raised by the parties; 1
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`(6) Rebuttal to Petitioner’s presentation on all matters; and
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`(7) Any other issues or arguments raised in the Papers, in any cited
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`Exhibits, or otherwise raised by the Patent Owner, Petitioner, or the
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`Board.
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`Patent Owner requests the ability to use audio/visual equipment to display
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`demonstrative exhibits and evidence of record, including the use of a projector and
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`screen for a PowerPoint presentation, an overhead projector (“Elmo”), and other
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`visual display.
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`1 Patent Owner submits that a pre-hearing conference would be appropriate to
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`preview (but not argue) the issues to be discussed at the oral hearing, and to seek
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`the Board’s guidance as to particular issues that the panel would like addressed by
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`the parties. See Trial Practice Guide Update (August 2018), pp. 19-20.
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`3
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`
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`Case IPR2018-00386
`Patent 9,490,411
`
`
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`Respectfully submitted,
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`
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`By:
`
`Date: January 29, 2019
`
` / Martin M. Zoltick /
`Martin M. Zoltick, Reg. No. 35,745
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`
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`
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`ROTHWELL, FIGG, ERNST &
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`
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`
` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner
`Nichia Corp.
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`4
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`Case IPR2018-00386
`Patent 9,490,411
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 29th day of January, 2019, a true and correct
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`copy of the foregoing PATENT OWNER’S REQUEST FOR ORAL
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`ARGUMENT was served, via electronic mail, upon the following counsel of
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`record for Petitioner Vizio, Inc.:
`
`Gabrielle E. Higgins
`James L. Davis, Jr.
`Christopher M. Bonny
`James F. Mack
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303-2284
`Phone: 650-617-4000 | Facsimile: 650-566-4090
`Emails: Gabrielle.Higgins@ropesgray.com
`James.L.Davis@ropesgray.com
`Christopher.Bonny@ropesgray.com
`James.Mack@ropesgray.com
`VIZIO2NichiaIPRs@ropesgray.com
`
`Scott McKeown
`ROPES & GRAY LLP
`2099 Pennsylvania Avenue, N.W.
`Washington, DC 20006-6807
`Phone: 202-508-4740 | Facsimile: 617-235-9492
`Email: Scott.McKeown@ropesgray.com
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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`5
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`
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