`571-272-7822
`
`
`Paper No. 36
`
` Entered: May 22, 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.,
`Petitioners,
`
`v.
`
`NETLIST, INC.
`Patent Owner.
`____________
`
`IPR2017-00667
`Patent 7,532,537 B2
`____________
`
`
`Before STEPHEN C. SIU, MATTHEW R. CLEMENTS, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2017-00667
`Patent 7,532,537 B2
`
`SK hynix Inc., SK hynix America Inc., and SK hynix memory
`
`solutions Inc. (“Petitioner”) filed a Corrected Petition requesting inter partes
`review of claims 1–17, 24–38, and 45–55 of U.S. Patent No. 7,532,537 B2
`(the ’537 patent), that included three grounds asserting anticipation of some
`claims by Amidi (“Ground A”), obviousness of some claims over Amidi
`(“Ground B”), and obviousness of some claims over Amidi and Klein
`(“Ground C”). Paper 6, 2. On July 21, 2017, we issued a Decision
`instituting inter partes review on all claims and on all grounds. Paper 10,
`25.
`In Petitioner’s Reply, Petitioner stated that Ground A and Ground B
`
`relied upon claim construction that had been rejected by the Federal Circuit
`during the time the inter partes review had been pending, and “[t]o narrow
`the issues for the Board in this proceeding, Petitioners will not pursue
`Grounds A and B.” Paper 19, 1, n.1. At the April 24, 2018 oral hearing, the
`parties agreed to vacating Ground A and Ground B. See Transcript of April
`24, 2018 (Tr.), Paper 35, 35:1–12, 37:19–25.
`
`In order to memorialize the agreement of the parties, the parties shall
`file a Joint Motion to Limit the Petition to remove Ground A and Ground B
`from the proceeding. See, e.g., Apotex Inc., v. OSI Pharms., Inc., Case
`IPR2016-01284 (PTAB Apr. 3, 2017) (Paper 19) (granting, after institution,
`a joint motion to limit the petition by removing a patent claim that was
`included for trial in the institution decision). The Joint Motion shall be filed
`within two (2) weeks of the entry of this Order.
`
`In consideration of the foregoing, it is hereby:
`
`
`
`2
`
`
`
`IPR2017-00667
`Patent 7,532,537 B2
`
`ORDERED that the parties shall file, within two (2) weeks of the date
`
`of this Order, a Joint Motion to Limit the Petition to remove Ground A and
`Ground B from the proceeding.
`
`
`
`3
`
`
`
`IPR2017-00667
`Patent 7,532,537 B2
`
`PETITIONER:
`
`Joseph A. Micallef
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`
`
`PATENT OWNER:
`
`Mehran Arjomand
`Erol Basol
`Jonathan Statman
`MORRISON & FOERSTER LLP
`marjomand@mofo.com
`ebasol@mofo.com
`jstatman@mofo.com
`
`
`
`4
`
`
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