throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 22
`Entered: January 25, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SK HYNIX INC., SK HYNIX AMERICA INC., and SK HYNIX
`MEMORY SOLUTIONS INC.,
`Petitioner,
`
`v.
`
`NETLIST, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00548 – Patent 8,489,837 B1
`Case IPR2017-00549 – Patent 8,756,364 B1
`Case IPR2017-00560 – Patent 8,689,064 B1
`Case IPR2017-00587 – Patent 8,671,243 B21
`____________
`
`
`
`Before STEPHEN C. SIU, MATTHEW R. CLEMENTS, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`SIU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`C.F.R. § 42.70
`
`
`1 This Order applies to each case. The parties are not authorized to use this
`heading style. Reference to Exhibits and page numbers will be made to
`IPR2017-00548.
`
`
`

`

`IPR2017-00548 – Patent 8,489,837 B1
`IPR2017-00549 – Patent 8,756,364 B1
`IPR2017-00560 – Patent 8,689,064 B1
`IPR2017-00587 – Patent 8,671,243 B2
`
`
`
`As set forth in the Scheduling Order (Paper 8), oral argument, if
`requested, is scheduled for February 14, 2018, in connection with these
`proceedings. Both parties have requested oral argument. Papers 17, 18.
`The requests are granted.
`Oral argument will commence at 1 PM ET on February 14, 2018. The
`hearing will be conducted on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia 22314. The hearing will be open to the
`public for in-person attendance, which will be accommodated on a first-
`come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`Each party will have thirty (30) minutes of total argument time for
`each of the four (4) above-identified matters for a total maximum time of
`two (2) hours per party for all matters combined. The parties may agree to
`re-allocate the argument time for any of the matters but must maintain the
`total maximum hearing time of four (4) hours for all arguments presented in
`all the cases. Petitioner bears the ultimate burden of proof that the claims at
`issue in this review are unpatentable. Therefore, at oral hearing Petitioner
`will proceed first to present its case with regard to the challenged claims on
`which basis we instituted trial for each corresponding matter. Petitioner may
`reserve rebuttal time. Thereafter, Patent Owner will argue its opposition to
`Petitioner’s case. Petitioner may use any time Petitioner reserved to rebut
`Patent Owner’s opposition.
`
`2
`
`

`

`IPR2017-00548 – Patent 8,489,837 B1
`IPR2017-00549 – Patent 8,756,364 B1
`IPR2017-00560 – Patent 8,689,064 B1
`IPR2017-00587 – Patent 8,671,243 B2
`
`
`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 5 days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing. 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.
`Under 37 C.F.R. 42.70(b), demonstrative exhibits must be served five
`business days prior to the hearing. The parties are further directed to request
`a conference call with the Board no later than three business days prior to
`the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`
`3
`
`

`

`IPR2017-00548 – Patent 8,489,837 B1
`IPR2017-00549 – Patent 8,756,364 B1
`IPR2017-00560 – Patent 8,689,064 B1
`IPR2017-00587 – Patent 8,671,243 B2
`
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`It is
`ORDERED that oral argument will commence at 1:00 PM ET on
`February 14, 2018.
`
`
`PETITIONER:
`Joseph A. Micallef (IPR2017-00548, 549, 560, 587)
`Wonjoo Suh
`Theodore W. Chandler (IPR2017-00549)
`Ferenc Pazmandi
`Steven S. Baik (IPR2017-00560)
`SIDLEY AUSTIN LLP
`Sidley-SKH-IPR@sidley.com
`
`PATENT OWNER:
`
`Mehran Arjomand (IPR2017-00548, 549)
`David Kim
`MORRISON & FOERSTER LLP
`marjomand@mofo.com
`dkim@mofo.com
`
`Thomas J. Wimbiscus (IPR2017-00560, 587)
`Christopher C. Winslade
`Scott P. McBride
`Wayne H. Bradley
`Ronald H. Spuhler (IPR2017-00587)
`McANDREWS, HELD & MALLOY, LTD.
`Netlist-IPR@mcandrews-ip.com
`
`4
`
`

`

`IPR2017-00548 – Patent 8,489,837 B1
`IPR2017-00549 – Patent 8,756,364 B1
`IPR2017-00560 – Patent 8,689,064 B1
`IPR2017-00587 – Patent 8,671,243 B2
`
`William A. Meunier (IPR2017-00548, 549, 560)
`MINTZ LEVIN COHN FERRRIS
`GLOVSKY AND POPEO PC
`wameunier@mintz.com
`
`5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket