`Tel: 571-272-7822
`
`
`
`
`
`Paper 45
`Date: February 1, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`NANOCO TECHNOLOGIES LTD.,
`Patent Owner.
`____________
`
`IPR2021-00182 (Patent 9,680,068 B2)
`IPR2021-00183 (Patent 7,588,828 B2)
`IPR2021-00184 (Patent 7,803,423 B2)
`IPR2021-00185 (Patent 7,867,557 B2)
` IPR2021-00186 (Patent 8,524,365 B2)1
`____________
`
`
`Before ERICA A. FRANKLIN, GRACE KARAFFA OBERMANN, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Joint Request to Modify Schedule
`37 C.F.R. § 42.5
`
`
`
`1 This Order applies to each of the above-listed proceedings. We exercise
`our discretion to issue one Order to be filed in each proceeding. Unless
`otherwise authorized, the parties shall not use this heading style in any
`subsequent papers.
`
`
`
`IPR2021-00182 (Patent 9,680,068 B2)
`IPR2021-00183 (Patent 7,588,828 B2)
`IPR2021-00184 (Patent 7,803,423 B2)
`IPR2021-00185 (Patent 7,867,557 B2)
`IPR2021-00186 (Patent 8,524,365 B2)
`
`
`
`Both parties requested oral argument in these proceedings, and we
`
`granted those requests, setting a hearing for February 23, 2022. Paper 36;
`
`Paper 37; Paper 38.2 In the order setting the hearing, we required the parties
`
`to serve demonstrative exhibits on opposing counsel “at least seven (7)
`
`business days before the hearing date” and to file them with the Board “no
`
`later than two (2) business days before the hearing.” Paper 38, 4. We also
`
`noted that “[t]he parties may stipulate to an alternative schedule for serving
`
`and filing demonstratives, and request that the Board modify the schedule
`
`for filing and serving demonstratives at least seven (7) business days before
`
`the hearing date.” Id. at 4 n.5.
`
`Now, the parties have stipulated to a different schedule for serving
`
`and filing demonstrative exhibits and have requested that we modify the
`
`schedule accordingly. Paper 39. Specifically, the parties jointly request that
`
`we set the date for service of demonstrative exhibits on opposing counsel at
`
`5:00 pm Eastern Time on February 18, 2022, and the date for filing
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`demonstrative exhibits with the Board at February 21, 2022. Id. at 2.
`
`Although we see no issue with the parties’ choice of February 18 for
`
`serving demonstratives, the parties’ intention to file demonstratives on
`
`February 21 raises a small concern. Although the parties argue that the
`
`choice of February 21 for filing the demonstrative exhibits represents “[n]o
`
`
`
`2 Citations to the record refer to the papers and exhibits filed in IPR2021-
`00182. Except where noted, similar filings exist in the other proceedings as
`well.
`
`2
`
`
`
`IPR2021-00182 (Patent 9,680,068 B2)
`IPR2021-00183 (Patent 7,588,828 B2)
`IPR2021-00184 (Patent 7,803,423 B2)
`IPR2021-00185 (Patent 7,867,557 B2)
`IPR2021-00186 (Patent 8,524,365 B2)
`
`[c]hange” to the date set in the original hearing order, id., this is not the case.
`
`The original hearing order required demonstrative exhibits to be filed no
`
`later than two business days before the February 23 hearing. Because
`
`February 21, 2022, is a federal holiday,3 two business days before the
`
`hearing would be February 18. Accordingly, the parties’ proposal represents
`
`a change in the filing date from February 18 to February 21. On the other
`
`hand, we are persuaded that, as long as the demonstrative exhibits are filed
`
`on February 21, we will have adequate time to make them available to the
`
`panel in preparation for the February 23 hearing.
`
`
`
`Accordingly, it is
`
`ORDERED that the parties shall serve demonstrative exhibits in the
`
`above-captioned proceedings on opposing counsel no later than 5:00 pm
`
`Eastern Time on February 18, 2022; and
`
`FURTHER ORDERED that the parties shall file demonstrative
`
`exhibits in the above-captioned proceedings no later than February 21, 2022.
`
`
`
`
`
`
`
`
`
`3 February 21, 2022, is Washington’s Birthday. See https://www.opm.gov/
`policy-data-oversight/pay-leave/federal-holidays/#url=2022.
`
`3
`
`
`
`IPR2021-00182 (Patent 9,680,068 B2)
`IPR2021-00183 (Patent 7,588,828 B2)
`IPR2021-00184 (Patent 7,803,423 B2)
`IPR2021-00185 (Patent 7,867,557 B2)
`IPR2021-00186 (Patent 8,524,365 B2)
`
`
`
`FOR PETITIONER:
`
`F. Christopher Mizzo
`Gregory Arovas
`Stefan Miller
`Todd Baker
`KIRKLAND & ELLIS LLP
`chris.mizzo@kirkland.com
`greg.arovas@kirkland.com
`stefan.miller@kirkland.com
`todd.baker@kirkland.com
`
`
`
`
`FOR PATENT OWNER:
`
`William A. Meunier
`Peter J. Cuomo
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO, P.C.
`WAMeunier@mintz.com
`PJCuomo@mintz.com
`
`
`4
`
`
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