Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 32
`Entered: September 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA
`CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-01642 (Patent 6,721,110 B2)
`Case IPR2015-01644 (Patent 6,785,065 B1)
` Case IPR2015-01653 (Patent RE43,106 E)
` Case IPR2015-01659 (Patent 7,367,037 B2)1
`____________
`
`Before KALYAN K. DESHPANDE, MICHAEL R. ZECHER, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`DESHPANDE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order addresses an issue that is identical in all four cases. We,
`therefore, exercise our discretion to issue one Order to be filed in each of the
`four cases. The parties, however, are not authorized to use this style heading
`in any subsequent papers.
`
`
`Tel: 571-272-7822
`
`
`Paper 32
`Entered: September 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., and
`LG ELECTRONICS U.S.A., INC.,
`Petitioner,
`
`v.
`
`TOSHIBA SAMSUNG STORAGE TECHNOLOGY KOREA
`CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-01642 (Patent 6,721,110 B2)
`Case IPR2015-01644 (Patent 6,785,065 B1)
` Case IPR2015-01653 (Patent RE43,106 E)
` Case IPR2015-01659 (Patent 7,367,037 B2)1
`____________
`
`Before KALYAN K. DESHPANDE, MICHAEL R. ZECHER, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`DESHPANDE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order addresses an issue that is identical in all four cases. We,
`therefore, exercise our discretion to issue one Order to be filed in each of the
`four cases. The parties, however, are not authorized to use this style heading
`in any subsequent papers.
`
`
`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`
`In the Scheduling Order dated February 1, 2016 (Paper 102), oral
`argument was scheduled to be held on October 4, 2016, if requested by the
`parties. Per our Order dated August 23, 2016, oral argument was reset to
`October 6, 2016. Paper 27. Petitioner and Patent Owner have requested oral
`argument. Papers 29, 30. The parties’ requests are granted.
`The oral argument will be conducted in two sessions on Thursday,
`October 6, 2016, as follows: (1) a morning session, commencing at 9:00
`AM Eastern Time; and (2) an afternoon session, commencing at 1:00 PM
`Eastern Time. During the morning session, each party will have thirty (30)
`minutes of oral argument time for Case IPR2015-01642 and 30 minutes of
`oral argument time for Case IPR2015-01644. Each case will be argued
`separately. During the afternoon session, each party will have 30 minutes of
`oral argument time for Case IPR2015-01653 and 30 minutes of oral
`argument time for Case IPR2015-01659. Each case will be argued
`separately.
`The Board will provide a court reporter for the oral argument and the
`reporter’s transcript will constitute the official record of the oral argument.
`The hearing transcript will be entered in the record of this proceeding.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Therefore, at oral argument,
`Petitioner will proceed first to present its case with respect to the challenged
`
`2 All citations are to Case IPR2015-01642 unless otherwise noted. Petitioner
`has filed similar papers in Cases IPR2015-01644, IPR2015-01653, and
`IPR2015-01659, and, therefore, we only provide citations to Case IPR2015-
`01642 unless otherwise noted.
`
` 2
`
`
`
`
`
`
`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`patent claims and grounds with respect to which trial was instituted.
`Petitioner may reserve some of its argument time for use in further
`presentation after Patent Owner has responded to Petitioner’s initial
`presentation. Patent Owner will respond to Petitioner’s initial presentation,
`having available to it the entirety of its allotted argument time. Thereafter,
`Petitioner may make use of the time it has reserved to rebut Patent Owner’s
`presentation.
`The oral argument will be open to the public for in-person attendance,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia 22314. In-person attendance will be accommodated on a first-
`come, first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days prior to the hearing. They shall be filed with the
`Board two business days prior to the hearing, and the parties must initiate a
`conference call with the panel at least two business days prior to the hearing
`to resolve any dispute over the propriety of each party’s demonstrative
`exhibits. Any dispute over the propriety of demonstrative exhibits that is not
`timely presented two business days prior to the hearing will be considered
`waived. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
`the appropriate content of demonstrative exhibits.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made at least five business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`
` 3
`
`
`
`
`
`
`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`not received timely, the equipment may not be available on the day of the
`hearing.
`To aid in the preparation of an accurate transcript, each party shall
`provide paper copies of its demonstratives to the court reporter on the day of
`the oral arguments. Such paper copies shall not become part of the record of
`these proceedings. The parties are reminded that the 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.
`We expect lead counsel for each party to be present at hearing,
`although any backup counsel may make the actual presentation, in whole or
`in part. If any lead counsel will not be in attendance at hearing, we should
`be notified via a joint telephone conference call no later than two business
`days prior to the hearing to discuss the matter.
`
`
` 4
`
`
`
`
`
`
`
`
`
`IPR2015-01642 (Patent 6,721,110 B2)
`IPR2015-01644 (Patent 6,785,065 B1)
`IPR2015-01653 (Patent RE43,106 E)
`IPR2015-01659 (Patent 7,367,037 B2)
`
`For PETITIONER:
`Brian A. Tollefson
`Michael V. Battaglia
`Rothwell, Figg, Ernst & Manbeck, P.C.
`btollefson@rothwellfigg.com
`mbattaglia@rothwellfigg.com
`
`For PATENT OWNER:
`
`Joseph A. Rhoa
`Jonathan A. Roberts
`Nixon & Vanderhye P.C.
`jar@nixonvan.com
`jr@nixonvan.com
`
` 5
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