Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 28
`Date: July 26, 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 IPR2017-01417
`Patent 7,375,027 B2
`____________
`
`
`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: July 26, 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 IPR2017-01417
`Patent 7,375,027 B2
`____________
`
`
`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
`
`
`
`
`
`
`IPR2017-01417
`Patent 7,375,027 B2
`
`
`
`
`
`Both parties requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`
`Papers 24, 25. Patent Owner indicates that 30 minutes per side would be
`
`sufficient time. Paper 24. Petitioner indicates the same. Paper 25. The oral
`
`argument requests are granted. New arguments not previously presented in
`
`the parties’ substantive papers in this proceeding should not be raised at oral
`
`hearing.
`
`Each party will have 30 minutes of total time to present its argument.
`
`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, and Petitioner may reserve some of its argument time for 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.
`
`The oral argument will commence at 1:00 PM Eastern Time on
`
`August 16, 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
`
`2
`
`
`
`
`IPR2017-01417
`Patent 7,375,027 B2
`
`
`
`
`
`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.
`
`
`
`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 any judge on the panel, 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.
`
`3
`
`
`
`
`IPR2017-01417
`Patent 7,375,027 B2
`
`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 oral argument to be held on August 16, 2018.
`
`
`
`4
`
`
`
`
`IPR2017-01417
`Patent 7,375,027 B2
`
`FOR PETITIONER:
`
`
`
`
`
`Naveen Modi
`Joseph E. Palys
`Chetan R. Bansal
`Quadeer Ahmed
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`chetanbansal@paulhastings.com
`quadeerahmed@paulhastings.com
`
`
`
`FOR PATENT OWNER:
`
`Craig R. Kaufman
`Kevin C. Jones
`TECHKNOWLEDGE LAW GROUP LLP
`ckaufman@tklg-llp.com
`kjones@tklg-llp.com
`
`
`
`5
`
`
`
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