`Trials@uspto.gov
`571-272-7822
`
`Entered: September 8, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`
`
`Case IPR2016-01114
`Patent 7,777,753 B2
`
`
`APPLE INC., HTC CORPORATION, and HTC AMERICA, INC.
`Petitioners,
`
`v.
`
`PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
`Patent Owner.
`
`
`Case IPR2016-01121 (Patent 5,960,464)1
`Case IPR2016-01135 (Patent 5,812,789)2,3
`
`
`
`
`
`1 Case IPR2017-00513 has been joined with this proceeding.
`2 Case IPR2017-00512 has been joined with this proceeding.
`3 This Order addresses issues that is identical in all three cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each case. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2016-01114 (Patent 7,777,753 B2)
`IPR2016-01121 (Patent 5,960,464)
`IPR2016-01135 (Patent 5,812,789)
`
`Before MICHAEL R. ZECHER, JAMES B. ARPIN,
`MATTHEW R. CLEMENTS, and SUSAN L. C. MITCHELL,
`Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)
`
`DISCUSSION
`I.
`On September 7, 2017, a conference call was held between the parties and
`Judges Zecher, Arpin, Clements, and Mitchell. The purpose of the conference call
`was to address the following email correspondences: (1) an email correspondence
`sent to the Board by Petitioner entity, Apple Inc. (“Apple”), and Patent Owner,
`Parthenon Unified Memory Architecture LLC (“Parthenon”), on September 6,
`2017, requesting authorization to file a joint motion to terminate each proceeding
`only as to Apple, along with a request to treat the settlement agreement as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c); and
`(2) an email correspondence sent to the Board by Petitioner entity, HTC Corp. and
`HTC America, Inc. (“HTC”), on September 7, 2017, requesting that, in light of the
`recent settlement agreement reached between Apple and Parthenon, it be granted
`an extension of one week to respond to the Order to Show Cause (Case IPR2017-
`01121, Paper 34; Case IPR2017-01135, Paper 32).
`After discussing each email correspondence with the parties, we granted
`authorization to Apple and Parthenon to file a joint motion to terminate each
`proceeding only as to Apple, along with a request to treat the settlement agreement
`as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c). We noted, however, that the settlement agreement filed in Cases
`
`2
`
`
`
`IPR2016-01114 (Patent 7,777,753 B2)
`IPR2016-01121 (Patent 5,960,464)
`IPR2016-01135 (Patent 5,812,789)
`
`IPR2016-01121 and IPR2016-01135 should be designated as “Board Only,”
`otherwise HTC would be able to access this agreement. After clarifying that
`Parthenon does not oppose HTC’s request for an extension to respond to the Order
`to Show Cause, we granted HTC’s request and reset the deadline to September 15,
`2017.
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Apple’s and Parthenon’s request to file a joint motion to
`terminate each proceeding only as to Apple is granted;
`FURTHER ORDERED that Apple’s and Parthenon’s request to file a joint
`request to treat the settlement agreement as business confidential information
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted;
`FURTHER ORDERED that a true copy of the settlement agreement made in
`connection with termination be filed in each proceeding;
`FURTHER ORDERD that the true copy of the settlement agreement filed in
`Cases IPR2016-01121 and IPR2016-01135 should be designated as “Board Only”;
`and
`
`FURTHER ORDERED that the deadline for HTC and Parthenon to file the
`papers authorized in the Order to Show Cause (Case IPR2017-01121, Paper 34;
`Case IPR2017-01135, Paper 32) is reset to September 15, 2017.
`
`
`
`3
`
`
`
`IPR2016-01114 (Patent 7,777,753 B2)
`IPR2016-01121 (Patent 5,960,464)
`IPR2016-01135 (Patent 5,812,789)
`
`For PETITIONER:
`Andrew S. Ehmke
`David W. O’Brien
`Michael S. Parsons
`Haynes and Boone, LLP
`andy.ehmke.ipr@haynesboone.com
`david.obrien.ipr@haynesboone.com
`michael.parsons.ipr@haynesboone.com
`
`David L. Alberti
`Feinberg Day Alberti & Thompson LLP
`dalberti@feinday.com
`
`Joseph A. Micallef
`Stephen M. Everett
`Samuel A. Dillon
`Sidley Austin LLP
`jmicallef@sidley.com
`stephen.everett@sidley.com
`samuel.dillon@sidley.com
`
`For PATENT OWNER:
`Masood Anjom
`Scott Clark
`Amir Alavi
`Michael McBride
`Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
`manjom@azalaw.com
`sclark@azalaw.com
`aalavi@azalaw.com
`mmcbride@azalaw.com
`
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
