Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper No. 17
` Entered: February 7, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`INTEL CORPORATION, GLOBALFOUNDRIES U.S., INC.,
`MICRON TECHNOLOGIES, INC., and
`SAMSUNG ELECTRONICS COMPANY, LTD.,
`Petitioners,1
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`
`_____________
`
`Cases IPR2017-00279, IPR2017-00280, IPR2017-00281, and
`IPR2017-00282 (Patent RE40,264 E);
`Case IPR2017-00391 (Patent 6,017,221); and
`Cases IPR2017-00392 and IPR2017-00406 (Patent 5,711,849)2
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 In some of these related cases, Intel Corporation is the first-named
`Petitioner; in others, Micron Technologies, Inc. is first-named. All four
`companies are parties to all cases, therefore we exercise our discretion to
`issue this Order under a consolidated caption.
`2 Samsung Electronics Company was joined to these proceedings via
`Motions for Joinder in IPR2017-01746, IPR2017-01747, IPR2017-01748,
`IPR2017-01749, IPR2017-01750, IPR2017-01751, and IPR2017-01752.
`
`
`571.272.7822
`
`
`
`
`
`Paper No. 17
` Entered: February 7, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`INTEL CORPORATION, GLOBALFOUNDRIES U.S., INC.,
`MICRON TECHNOLOGIES, INC., and
`SAMSUNG ELECTRONICS COMPANY, LTD.,
`Petitioners,1
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`
`_____________
`
`Cases IPR2017-00279, IPR2017-00280, IPR2017-00281, and
`IPR2017-00282 (Patent RE40,264 E);
`Case IPR2017-00391 (Patent 6,017,221); and
`Cases IPR2017-00392 and IPR2017-00406 (Patent 5,711,849)2
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 In some of these related cases, Intel Corporation is the first-named
`Petitioner; in others, Micron Technologies, Inc. is first-named. All four
`companies are parties to all cases, therefore we exercise our discretion to
`issue this Order under a consolidated caption.
`2 Samsung Electronics Company was joined to these proceedings via
`Motions for Joinder in IPR2017-01746, IPR2017-01747, IPR2017-01748,
`IPR2017-01749, IPR2017-01750, IPR2017-01751, and IPR2017-01752.
`
`
`
`IPR2017-00279, IPR2017-00280, IPR2017-00281,
`IPR2017-00282 (Patent RE40,264 E);
`IPR2017-00391 (Patent 6,017,221);
`IPR2017-00392, IPR2017-00406 (Patent 5,711,849)
`
`
`Petitioners Intel Corporation, GLOBALFOUNDRIES U.S., Inc.,
`Micron Technologies, Inc., and Samsung Electronics Company, Ltd., and
`Patent Owner Daniel L. Flamm, each requested oral argument in these
`related inter partes review trials pursuant to 37 C.F.R. § 42.70. Papers 15,
`16.3 Upon consideration, these requests are granted. Oral argument shall
`commence at 10:00 AM Eastern Time on March 7, 2018, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Petitioners propose that argument in cases pertaining to the same
`patent be consolidated, and request a certain amount of time for each set of
`cases. Patent Owner makes no specific requests regarding the order or
`duration of argument. Petitioners’ proposals are reasonable, and the
`argument will be divided as follows, beginning at 10:00 AM and continuing
`until complete, with recesses as appropriate:
`IPR2017-00279, IPR2017-00280,
`IPR2017-00281, IPR2017-00282 ................... 45 minutes per side
`IPR2017-00391 .............................................. 20 minutes per side
`IPR2017-00392, IPR2017-00406 ................... 30 minutes per side
`Parties may divide time between cases in each group as they wish.
`
`Petitioners bear the ultimate burden of proof that the claims at issue in the
`reviews are unpatentable. Therefore, Petitioners4 will open the hearing by
`
`
`3 Where substantively identical papers may be found in the records of all
`related cases, for simplicity we cite only to the record of IPR2017-00279.
`4 In our Decision granting joinder, we ordered Petitioners to collectively
`designate attorneys to present at the oral hearing as a consolidated
`presentation. Paper 12, 7.
`
`
`
`2
`
`
`
`IPR2017-00279, IPR2017-00280, IPR2017-00281,
`IPR2017-00282 (Patent RE40,264 E);
`IPR2017-00391 (Patent 6,017,221);
`IPR2017-00392, IPR2017-00406 (Patent 5,711,849)
`
`presenting argument regarding the pending grounds of unpatentability.
`Patent Owner will then have the opportunity to respond to Petitioners’
`arguments. If desired, Petitioners may reserve rebuttal time not to exceed
`half the total time allotted. Petitioners are cautioned that rebuttal time may
`only be used to respond to arguments made during Patent Owner’s
`argument.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. No Motions to Seal have been
`filed in this proceeding. Accordingly, the Board concludes that the parties
`are capable of presenting their arguments without discussing confidential
`information, and exercises its discretion to make the oral hearing publicly
`accessible. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`Demonstrative exhibits shall be served on opposing counsel at least
`five business days before the hearing, and filed with the Board no later than
`two business days before the hearing. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved the parties may file any objections to demonstratives with
`the Board at least two business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection and include a one-sentence statement of the
`
`
`
`3
`
`
`
`IPR2017-00279, IPR2017-00280, IPR2017-00281,
`IPR2017-00282 (Patent RE40,264 E);
`IPR2017-00391 (Patent 6,017,221);
`IPR2017-00392, IPR2017-00406 (Patent 5,711,849)
`
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`At least one member of the panel may attend oral argument remotely
`by use of two-way audio-visual communication equipment. 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.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. If any party anticipates that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
`In light of the foregoing, it is:
`ORDERED that oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 10:00 AM Eastern Time on
`March 7, 2018.
`
`
`
`
`4
`
`
`
`IPR2017-00279, IPR2017-00280, IPR2017-00281,
`IPR2017-00282 (Patent RE40,264 E);
`IPR2017-00391 (Patent 6,017,221);
`IPR2017-00392, IPR2017-00406 (Patent 5,711,849)
`
`For PETITIONER:
`
`Jonathan McFarland
`Chad Campbell
`Tyler Bowen
`Daniel Keese
`PERKINS COIE LLP
`jmcfarland@perkinscoie.com
`tbowen@perkinscoie.com
`dkeese@perkinscoie.com
`
`Jeremy Jason Lang
`Jared Bobrow W
`EIL, GOTSHAL & MANGES LLP
`Jason.lang@weil.com
`
`David M. Tennant
`Nathan Zhang
`WHITE & CASE LLP
`dtennant@whitecase.com
`nathan.zhang@whitecase.com
`
`
`For PATENT OWNER:
`
`Christopher Frerking
`chris@ntknet.com
`
`
`
`
`
`
`
`5
`
`
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