Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper No. 21
`Entered: April 5, 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 IPR2017-00667 (Patent 7,532,537 B2)
`Case IPR2017-00668 (Patent 7,532,537 B2)
`Case IPR2017-00692 (Patent 8,874,831 B2)1
`
`
`Before STEPHEN C. SIU, MATTHEW R. CLEMENTS, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`Trial Hearing Order
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`1 This Scheduling Order sets due dates that are identical in all three cases.
`We, therefore, exercise our discretion to issue one Scheduling Order to be
`filed in each case. The parties are not authorized to use this style heading
`for any subsequent papers.
`
`
`Tel: 571-272-7822
`
`Paper No. 21
`Entered: April 5, 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 IPR2017-00667 (Patent 7,532,537 B2)
`Case IPR2017-00668 (Patent 7,532,537 B2)
`Case IPR2017-00692 (Patent 8,874,831 B2)1
`
`
`Before STEPHEN C. SIU, MATTHEW R. CLEMENTS, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`Trial Hearing Order
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`1 This Scheduling Order sets due dates that are identical in all three cases.
`We, therefore, exercise our discretion to issue one Scheduling Order to be
`filed in each case. The parties are not authorized to use this style heading
`for any subsequent papers.
`
`
`
`IPR2017-00667, IPR2017-00668 (Patent 7,532,537 B2)
`IPR2017-00692 (Patent 8,874,831 B2)
`Both parties requested a hearing pursuant to 37 C.F.R. § 42.70(a).
`Paper 23; Paper 25.2 The requests are granted.
`Patent Owner suggests we group Cases IPR2017-00667 and IPR2017-
`00668 together and, separately, hear Case IPR2017-00692. Paper 25, 2. We
`have reviewed the issues that the parties intend to address for each
`proceeding and agree that grouping the cases as requested for purposes of
`the hearing is warranted due to the overlapping issues.
`Petitioner requests thirty (30) minutes per side for each of IPR2017-
`00667 and IPR2017-00668, and Patent Owner requests sixty (60) minutes
`per side for the combination of IPR2017-00667 and IPR2017-00668. Id.
`We determine that sixty (60) minutes per side is warranted for the first
`group. For IPR2017-00692, Petitioner requests thirty (30) minutes per side
`and Patent Owner requests forty-five (45) minutes per side. IPR2017-
`00692, Papers 18, 19. Accordingly, the hearing will be held in two sessions:
`1. The first session will cover the oral hearing for IPR2017-00667
`and IPR2017-00668, and shall commence at 1:00 PM Eastern
`Time on Tuesday, April 24, 2018, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. Each
`party will have sixty (60) minutes to present its arguments with
`regard to this group of cases.
`2. The second session will cover the oral hearing for IPR2017-00692,
`and shall commence at 3:10 PM Eastern Time on Tuesday,
`April 24, 2018, on the ninth floor of Madison Building East, 600
`
`
`2 Citations are to IPR2017-00667, unless otherwise noted. Substantively
`similar requests were filed in each of the above-named proceedings.
`2
`
`
`
`IPR2017-00667, IPR2017-00668 (Patent 7,532,537 B2)
`IPR2017-00692 (Patent 8,874,831 B2)
`Dulany Street, Alexandria, Virginia. Each party will have thirty
`(30) minutes to present its arguments with regard to this case.
`Given that Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable, each session will
`begin with Petitioner presenting its case regarding the challenged claims for
`the group of cases. Patent Owner then will have the entirety of its allotted
`time to respond to Petitioner’s presentation. Petitioner may reserve rebuttal
`time to respond to Patent Owner’s arguments only. There is no motion to
`amend pending in any of these proceedings.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. Given
`that the hearing will be held in two sessions, each session will have its own
`transcript, the entirety of which will be applicable to and filed in each
`proceeding in that group of cases.
`The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven (7) 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), regarding the appropriate content of demonstrative exhibits. We expect
`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
`
`3
`
`
`
`IPR2017-00667, IPR2017-00668 (Patent 7,532,537 B2)
`IPR2017-00692 (Patent 8,874,831 B2)
`objection, include a copy of the objected-to portions, and include a one-
`sentence statement of the reason for each objection. No argument or further
`explanation is permitted. We will consider any objections and schedule a
`conference call if deemed necessary. Otherwise, we will reserve ruling on
`the objections. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived.
`The parties also shall provide the demonstrative exhibits to the Board
`at least two business days prior to the hearing by emailing them to
`Trials@uspto.gov. Despite the requirement in § 42.70(b) for parties to file
`demonstratives, the parties shall not file any demonstrative exhibits in this
`case without prior authorization from the panel. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`The parties also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location, and that if a
`demonstrative is not made fully available or visible to the judge participating
`in the hearing remotely, that demonstrative will not be considered. If the
`parties have questions as to whether demonstrative exhibits would be
`sufficiently visible and available to all of the judges, the parties are invited
`to contact the Board at (571) 272-9797. The parties are also 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 and the ability of
`the judge participating in the hearing remotely to closely follow the
`presenter’s arguments.
`
`4
`
`
`
`IPR2017-00667, IPR2017-00668 (Patent 7,532,537 B2)
`IPR2017-00692 (Patent 8,874,831 B2)
`We expect lead counsel for each party to be present at hearing,
`although any backup counsel may make the actual presentation, in whole or
`in part. If any lead counsel will not be in attendance at hearing, we should
`be notified via a joint telephone conference call no later than two (2)
`business days prior to the hearing to discuss the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Administrative Staff at (571) 272-9797. Requests for audio-
`visual equipment are to be made at least five (5) days in advance of the
`hearing date by sending the request to Trials@uspto.gov. If the request is
`not received timely, the equipment may not be available on the day of the
`hearing.
`
`
`
`
`
`5
`
`
`
`IPR2017-00667, IPR2017-00668 (Patent 7,532,537 B2)
`IPR2017-00692 (Patent 8,874,831 B2)
`For PETITIONER:
`Joseph A. Micallef
`Samuel Dillon
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`samuel.dillon@sidley.com
`
`For PATENT OWNER in IPR2017-00667 and IPR2017-00668:
`Mehran Arjomand
`Erol Basol
`Jonathan Statman
`MORRISON & FOERSTER LLP
`marjomand@mofo.com
`ebasol@mofo.com
`jstatman@mofo.com
`
`For PATENT OWNER in IPR2017-00692:
`Thomas J. Wimbiscus
`Christopher C. Winslade
`Gregory C. Schodde
`Scott P. McBride
`Ronald H. Spuhler
`Wayne H. Bradley
`McANDREWS, HELD & MALLOY, LTD.
`twimbiscus@mcandrews-ip.com
`cwinslade@mcandrews-ip.com
`gschodde@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`rspuhler@mcandrews-ip.com
`wbradley@mcandrews-ip.com
`
`
`6
`
`
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