Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 28
`Date: June 13, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`PROMOS TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01413
`Patent 6,069,507
`____________
`
`
`Before JAMESON LEE, KEVIN F. TURNER, and JOHN A. HUDALLA,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 28
`Date: June 13, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`PROMOS TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01413
`Patent 6,069,507
`____________
`
`
`Before JAMESON LEE, KEVIN F. TURNER, and JOHN A. HUDALLA,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2017-01413
`Patent 6,069,507
`
`
`
`
`Both parties requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`
`Papers 26, 27. Petitioner indicates that 30 minutes per side would be
`
`sufficient time for the parties. Paper 27. Both parties also have requested
`
`oral argument in Case IPR2017-01412, which involve the same parties,
`
`same counsel for the parties, and same claims as those challenged in this
`
`proceeding, i.e., claims 10, 11, 13, and 15 of U.S. Patent No. 6,069,507.
`
`We grant the parties’ oral argument requests in this proceeding.
`
`Concurrently, we also grant the parties’ oral argument requests in Case
`
`IPR2017-01412 in a separate paper. Although these two proceedings have
`
`not been consolidated, the oral argument for these two proceedings will be
`
`consolidated. The parties should note that arguments made at oral argument
`
`shall have application only in proceeding(s) the record of which supports the
`
`argument. For instance, the references Donnelly, Iwamoto, and Jefferson
`
`are not involved in this proceeding. Patent Owner may not argue the issue
`
`of anticipation of claims 13 and 15 by Jefferson, and the issue of
`
`obviousness of claims 10 and 11 over Donnelly and Iwamoto, in the context
`
`of Case IPR2017-01413.1
`
`Each party will have 45 minutes of total time to present its argument
`
`for both IPR2017-01412 and IPR2017-01413. Petitioner bears the ultimate
`
`burden of proof that Patent Owner’s original patent claims at issue are
`
`unpatentable. Therefore, at oral hearing, Petitioner will proceed first to
`
`present its case with respect to all challenged claims and grounds in both
`
`proceedings, and Petitioner may reserve some of its argument time for
`
`
`1 In its Request for Oral Argument, Patent Owner incorrectly identified
`anticipation of claims 13 and 15 by Jefferson, and obviousness of claims 10
`and 11 over Donnelly and Iwamoto as issues in this proceeding. Paper 26, 1.
`
`2
`
`
`
`
`IPR2017-01413
`Patent 6,069,507
`
`
`rebuttal. Thereafter, Patent Owner will respond to Petitioner’s presentation,
`
`
`
`having available to it the entirety of its allotted argument time. Finally,
`
`Petitioner may make use of the time it has reserved to respond to Patent
`
`Owner’s presentation.
`
`Neither party filed a Motion to Exclude Evidence, and Patent Owner
`
`did not file a Motion to Amend Claims. Thus, the oral hearing will not
`
`pertain to those subjects. Also, new arguments not previously presented in
`
`the parties’ substantive papers in this proceeding should not be raised at oral
`
`hearing.
`
`The consolidated hearing will commence at 1:00 PM Eastern Time
`
`on June 21, 2018, and will be open to the public for in-person attendance on
`
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. In-person attendance 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.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`seven (7) business days prior to the hearing. They shall be filed at the Board
`
`at least two business days prior to the hearing, and the parties must initiate a
`
`conference call with the Board by two (2) business days prior to the hearing
`
`to resolve any dispute over the propriety of each party’s demonstrative
`
`exhibits. Any dispute over the propriety of demonstrative exhibits that is not
`
`timely presented two (2) business days prior to the hearing may be
`
`considered as waived. The parties are directed to CBS Interactive Inc. v.
`
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (October 23,
`
`2013), regarding the appropriate content of demonstrative exhibits.
`
`3
`
`
`
`
`IPR2017-01413
`Patent 6,069,507
`
`
`
`
`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 five (5) business 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. The parties also should note that at least one member
`
`of the panel will be attending the oral argument electronically from a remote
`
`location and that if any demonstrative is not made fully available or visible
`
`to the judge presiding over the oral argument, that demonstrative will not be
`
`considered. Because of limitations of the audio transmission systems in our
`
`hearing rooms, the presenter may speak only when standing at the hearing
`
`room lectern. 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 Board expects 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, the
`
`Board should be notified via a joint telephone conference call no later than
`
`two (2) business days prior to the hearing to discuss the matter.
`
`
`
`
`
`
`
`4
`
`
`
`
`IPR2017-01413
`Patent 6,069,507
`
`
`It is
`
`
`ORDER
`
`
`
`ORDERED that the oral argument requests of the parties are herein
`
`granted, and that the parties shall take note of the above information about
`
`the consolidated oral argument to be held on June 21, 2018.
`
`
`
`5
`
`
`
`
`IPR2017-01413
`Patent 6,069,507
`
`FOR PETITIONER:
`
`
`
`
`
`Naveen Modi
`Joseph E. Palys
`Chetan R. Bansal
`Arvind Jairam
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`chetanbansal@paulhastings.com
`arvindjairam@paulhastings.com
`
`
`FOR PATENT OWNER:
`
`Craig R. Kaufman
`Kevin C. Jones
`TECHKNOWLEDGE LAW GROUP LLP
`ckaufman@tklg-llp.com
`kjones@tklg-llp.com
`
`6
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
