`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
`
`