Transcript of Conference Call
`
`Date: January 10, 2019
`Case: Western Digital Corporation -v- Spex Technologies, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email: transcripts@planetdepos.com
`planetdepos.com
`
`Worldwide Court Reporting & Litigation Technology
`
`WESTERN DIGITAL CORPORATION, EXHIBIT 1026
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
`
`

`

` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` - - - - - - - - - - - - x
`WESTERN DIGITAL :
`CORPORATION, : Case Nos.
` Petitioner, : IPR2018-00082, 00084,
` v. : 1067, 1068
`SPEX TECHNOLOGIES, :
`INC., :
` Patent Owner. :
` - - - - - - - - - - - - x
` TRANSCRIPT OF PROCEEDINGS
` (All parties via telephone)
` Thursday, January 10, 2019
` 3:00 p.m. EST
` BEFORE: JUDGE DANIEL FISHMAN, Presiding
` JUDGE LYNNE PETTEGREW
` JUDGE CHARLES BOUDREAU
`
` Job No.: 224639
` Pages: 1 - 18
` Reported By: Carol M. Tayloe, RMR, CMRS, CCR
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`Transcript of Conference Call
`Conducted on January 10, 2019
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`2
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` A P P E A R A N C E S (via telephone)
`ON BEHALF OF THE PETITIONER, WESTERN DIGITAL:
` BRIAN M. BUROKER, ESQUIRE
` GIBSON, DUNN & CRUTCHER LLP
` 1050 Connecticut Avenue, N.W.
` Washington, D.C. 20036-5306
` 202-955-8541
`
`ON BEHALF OF PETITIONER, APRICORN:
` CHRISTOPHER D. BRIGHT, ESQUIRE
` MORGAN, LEWIS & BOCKIUS LLP
` 600 Anton Boulevard, Suite 1800
` Costa Mesa, California 92626-7653
` 714-830-0516
` And
` HERSH MEHTA, ESQUIRE
` MORGAN, LEWIS & BOCKIUS LLP
` 77 West Wacker Drive
` Chicago, Illinois 60601-5094
` 312-324-1739
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`Transcript of Conference Call
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`3
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`A P P E A R A N C E S (continued, via telephone):
`
` ON BEHALF OF PETITIONER, TOSHIBA:
` PATRICK J. CONNOLLY, ESQUIRE
` BRACEWELL LLP
` 701 Fifth Avenue, Suite 6200
` SEATTLE, WASHINGTON 98104-7018
` 206-204-6231
`
` ON BEHALF OF THE PATENT OWNER:
` VINCENT J. RUBINO, III, ESQUIRE
` BROWN RUDNICK LLP
` 7 Times Square
` New York, New York 10036
` 212-209-4800
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`Transcript of Conference Call
`Conducted on January 10, 2019
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`4
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` P R O C E E D I N G S
` JUDGE FISHMAN: This is Judge Fishman. We
`have Judge Pettigrew, that's P-E-T-T-I-G-R-E-W,
`first name Lynne, L-Y-N-N-E. And Charles
`Boudreau, B-O-U-D-R-E-A-U.
` And the purpose of this call is we've
`gotten a request for a conference with the parties
`to discuss the upcoming hearing scheduled for this
`Monday, the 14th of January, and apparently there
`are some settlement negotiations well along and
`the parties wanted to discuss how to handle the
`upcoming hearing.
` Let me turn to whoever wants to take this
`up first.
` MR. BUROKER: This is Brian Buroker on
`behalf petitioner Western Digital. I'll take a
`shot, anybody who wants to follow along.
` First of all, I want to apologize because
`I included the petition involving Kingston
`accidentally, the 1003 petition. That was my
`mistake. They are not -- that petition is not
`joined to the proceedings for the hearing, as I
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`5
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`understand it.
` So the two proceedings -- well, there's
`four proceedings. The two proceedings that are
`set for the hearing are the -82 and -84
`proceedings and then the joined proceedings are
`1067 and 1068, and those petitions were filed by
`Apricorn and Toshiba jointly. So that's first
`point of clarification.
` But as it relates to --
` JUDGE FISHMAN: If I could raise a
`question. This is Judge Fishman. To our
`understanding, the 1003 petition hasn't been
`joined into the 00082 proceeding. Am I mistaken?
` MR. BUROKER: Yes, Your Honor, that is
`correct. I'm sorry. The call has to do with
`settlement with regard to the patents, the 135
`patent, and the petitions for the 135 patent are
`petitions -84 and the 1068 petition. Those would
`be the petitions that would be settled and the
`others would not.
` JUDGE FISHMAN: Okay. So the petitions
`relating to the 802 patent are not a part of this
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`Transcript of Conference Call
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`6
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`settlement discussion.
` MR. BUROKER: Correct.
` JUDGE FISHMAN: Okay.
` MR. BUROKER: Everybody on the phone can
`correct me if I'm wrong, but that's my
`understanding as to how things would proceed.
` As to the settlement regarding the 135
`patent, my understanding, Your Honor, is that all
`parties have agreed to it in principal and there
`are signatures from all of the parties, save for
`one signature which we anticipate receiving at
`some point today. The Toshiba counsel can clarify
`if that's incorrect. And so we would be in a
`position to file the joint motion to terminate as
`early as later this evening or tomorrow morning.
` And so we wanted to point that out
`obviously before -- the hearing is Monday
`afternoon, but we think it's very unlikely that
`the hearing on that would need to go forward if
`the Board were inclined to grant the joint motion
`to terminate when it is filed either in the next
`day or so.
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`7
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` JUDGE FISHMAN: Okay. We have a Toshiba
`attorney on the phone, Mr. Connolly or Ms.
`Connolly. Do you represent both Toshiba Energy,
`Toshiba and TAEC?
` MR. CONNOLLY: Yes, this Patrick Connolly.
`Yeah, I just received confirmation from our lead
`counsel that we were to obtain a final signature,
`so we are going to circulate that as soon as we
`can. So we represent all the Toshibas.
` JUDGE FISHMAN: So as a patent owner, did
`you need to add anything to this regarding the
`0084 petition?
` MR. RUBINO: No, Your Honor, nothing with
`regard to the petition. This is Vincent Rubino
`for the patent owner.
` So there is nothing further to add from
`the patent owner. We agree with the same
`statements made by counsel for Western Digital.
`There is an agreement in principal, it's our
`understanding, from both sides with regard to the
`-84 petition.
` JUDGE FISHMAN: Okay. So it sounds as
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`8
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`though regarding the -84 petition and the related
`co-petitioners that we are likely to be settled
`and there would be no need for a hearing Monday.
` Regarding the -82 petitions, covering the
`802 patent, correct me if I'm wrong, but my
`understanding was that was the one where we had
`the quirky situation of no patent owner response
`and no petitioner reply. And do I have these
`confused or is that the right case?
` MR. BUROKER: Go ahead, Vincent.
` MR. RUBINO: Your Honor, this is Vincent
`Rubino for the patent owner. That is correct,
`that is that petition, and it was our
`understanding that the petitioner's e-mail had
`mentioned that petition as well perhaps to obviate
`the need for any oral hearing with regard to both
`petitions that were to be heard on Monday, perhaps
`for the reason that Your Honor seems to be
`alluding to, that there was no response or reply,
`and if that were the case then patent owner would
`agree with that as well.
` JUDGE FISHMAN: Okay. Have the parties
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`discussed whether or not they still perceive a
`need for a hearing on Monday regarding the 0082
`family of petitioners? Has that been discussed?
` MR. BUROKER: We have not had a chance to
`discuss that with patent owner. Each side, of
`course, submitted their request for oral argument.
`In our request for oral argument we had asked for
`a hearing. The patent owner had said it wasn't
`necessary. We have not conferred since this
`settlement took place. This is Brian Buroker --
`sorry for not saying that earlier -- on behalf a
`petitioner Western Digital.
` It's our view that because of the rulings
`in the case that precluded us from entering
`certain evidence through supplemental information
`or reply, that the hearing would be very short
`because we believe that that is an issue that we
`will likely seek appeal of and otherwise there are
`not many issues that can be addressed. As Your
`Honor said, there was no patent owner response or
`reply permitted.
` So we do think perhaps this hearing could
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`Transcript of Conference Call
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`10
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`be obviated, but we haven't had a chance to speak
`with patent owner's counsel about that.
` Perhaps the easiest thing at this point is
`to proceed with the hearing on Monday, but it
`likely would be a very short proceeding, to
`address those remaining issues having to do with
`the evidentiary issues.
` JUDGE FISHMAN: Any other petitioner or
`attorneys want to comment on the need for a
`hearing?
` MR. BRIGHT: Your Honor, this is Chris
`Bright for petitioner Apricorn. We have no
`further comment on that topic.
` MR. CONNOLLY: Your Honor, this is Patrick
`Connolly. We also have no further comment.
` JUDGE FISHMAN: Okay. Give me a moment.
`Let me confer with the panel here. I'm going to
`leave a phone for a moment here.
` (There was a pause in the proceedings.)
` JUDGE FISHMAN: This is Judge Fishman
`again. One clarification. Someone, I think you,
`Mr. Buroker, suggested that the argument on -82
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`11
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`would relate to evidentiary issues. There is a
`motion to exclude. Is that the only evidentiary
`issue you're suggesting to argue?
` MR. BUROKER: No, Your Honor. This is
`Brian Buroker. No, I was speaking again about
`making a clear record about our attempt a couple
`of different times to introduce additional
`evidence and argument relating to the claims that
`the Board found initially where we did not meet
`our burden of proof. So claims 1, 2, 11 and 12
`where we had moved on supplemental information and
`for reply. That issue, not to the extent -- I
`shouldn't have probably called that evidentiary
`issue. But that's the issue we want to clarify
`with the Board, that it's our view that we should
`have been given permission to do so and we will
`seek appeal of that issue if we're not given that
`chance before a final decision. That's the issue
`we want to clarify in the hearing.
` JUDGE FISHMAN: Okay. Let me confer
`further with the panel.
` (There was a pause in the proceedings.)
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` JUDGE FISHMAN: One more clarification, if
`I could. This is Judge Fishman. Are there
`settlement negotiations relating to the 802
`patent, the -82 petition, or is that simply not on
`the table for potential settlement?
` MR. BUROKER: Brian Buroker for petitioner
`Western Digital. There are no settlement
`discussions related to that patent, as I
`understand it. Patent owner or others can
`clarify, but that's my understanding.
` JUDGE FISHMAN: Mr. Rubino, is that your
`understanding as well?
` MR. RUBINO: Your Honor, I may not be
`privy to all the settlement discussions of patent
`office counsel, but I believe that is correct.
` MR. BRIGHT: And, your Honor, this is
`Chris Bright for petitioner Apricorn. That is
`correct.
` MR. CONNOLLY: This is Patrick Connolly on
`behalf of the Toshiba entities confirming.
` JUDGE FISHMAN: One more moment. Let me
`confer.
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`13
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` (There was a pause in the proceedings.)
` JUDGE FISHMAN: Question for Mr. Rubino.
`If there is a hearing, are you interested in
`showing up to respond to of the petitioners'
`arguments regarding the -82 petition?
` MR. RUBINO: Your Honor -- this is Mr.
`Rubino -- if there is a hearing we would, of
`course, be interested in showing up and responding
`in any way that we would be permitted to. I think
`the petitioner was correct that our position has
`been that we did not think a hearing would be
`necessary, we didn't want to request one, but that
`if there is a hearing we would like of the
`opportunity to respond to anything petitioner
`raises at that hearing. And we are prepared to go
`forward on Monday if necessary.
` JUDGE FISHMAN: Give me one more moment.
` All right. Point number one is we will
`encourage the parties to submit -- we authorize
`and encourage the parties to submit a motion for
`termination based on settlement. You don't have
`to refer to our rules. We need a copy of the
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`14
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`settlement agreement. At a minimum, if you have
`proceeded far enough into settlement discussions
`that you are comfortable with waiving the hearing
`for 00084, please file paper jointly that waives
`the hearing requested for that petition.
` As to the -82 petition, I will
`editorialize a bit. We are unclear that there is
`really a need for a hearing, but the parties have
`requested it and we will grant it. We want to
`just warn the parties that the rules are there are
`no new issues to be raised. There is no reply,
`there is no patent owner response. The issues are
`essentially complete in the record before us.
` If you're interested in rearguing the
`motion for supplemental information, I can't stop
`you from having that argument. That's not the
`basis for any final decision that we would be
`issuing. And the record, there again, is complete
`in terms of the motions that were filed and the
`orders that denied those motions.
` So just with that caveat, warning, that it
`is not an opportunity to rise wholly new issues,
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`15
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`we will proceed with the hearing for the -82
`petition. Our order, I believe, already allocated
`time for each of the two cases, so I'd rather not
`issue a new order. We'll just stick with the
`existing order for the time allocation.
` Any questions from either party?
` MR. BUROKER: Brian Buroker on behalf of
`the petitioner. I want to clarify. I think what
`I heard Toshiba has got the last signature. We
`should be in a position to file the joint motion
`to terminate rather than having to do the waiver
`route. But I'll clarify with all parties after we
`get off the phone.
` To the extent that we have -- I know we
`have to file the settlement agreement. To the
`extent it's confidential, do we also have
`permission to file a motion for sealing? I assume
`that's part of the motion to terminate -- the
`permission to file the motion to terminate, but I
`wanted to clarify that.
` JUDGE FISHMAN: It is permitted to file a
`settlement agreement under seal. It is -- it's in
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`the record for purposes beyond the P-tab. It's in
`the record for other governmental agencies, that
`sort of thing. But, yes, it is permitted to file
`it under seal.
` MR. BUROKER: Okay. Thank you.
` JUDGE FISHMAN: I don't know if we have --
`I don't recall at the moment if there was already
`a different protective order, but you would
`need -- either use our standard protective order
`or if there is a need for a customized one please
`refer to the rules for how you submit them.
` MR. BUROKER: Okay.
` JUDGE FISHMAN: Okay.
` MR. BUROKER: That was the only point of
`clarification that I had. Thank you.
` JUDGE FISHMAN: I am reminded that it is
`a -- it would have to be a joint request for
`treating the settlement documents as business
`confidential and filed under seal.
` MR. BUROKER: Thank you.
` JUDGE FISHMAN: Anything further? Let me
`just check with the panel briefly. Hold on.
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` (There was a pause in the proceedings.)
` JUDGE FISHMAN: Okay. We will adjourn the
`call. I appreciate everyone's time. We will look
`forward to a settlement, and we will see you
`Monday.
` Oh, I'm just reminding you I sent an
`e-mail out just noting that if either side
`submitted demonstrative exhibits, that's fine. We
`don't expect to see any surprises here with
`demonstrative exhibits showing up at the last
`second. So we will conduct the hearing on 00082
`and -84, for that matter, if you have not reached
`settlement. All right.
` MR. BUROKER: Yes, Your Honor. This is
`Brian Buroker. We'll get a transcript filed of
`this hearing.
` JUDGE FISHMAN: Much appreciate it. Thank
`you.
` (Off the record at 3:29 p.m.)
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`18
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` COURT REPORTER'S CERTIFICATE
`
` I, Carol M. Tayloe, RMR, CMRS, CCR,
`certify that I recorded verbatim by stenotype the
`proceedings in the captioned cause before the
`HONORABLE JUDGE FISHMAN, Judge of said Court, via
`telephone, on January 10, 2019.
` I further certify that to the best of my
`knowledge and belief, the foregoing transcript
`constitutes a true and correct transcript of the
`said proceedings.
` Given under my hand this 18th day of
`January 2019, at Norfolk, Virginia.
`
`_________________________________
` Carol M. Tayloe
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`A
`about
`10:2, 11:5,
`11:6accidentally
`4:20add
`7:11, 7:16
`additional
`11:7address
`10:6addressed
`9:19adjourn
`17:2after
`15:12
`afternoon
`6:18again
`10:21, 11:5,
`14:18
`agencies
`16:2agree
`7:17, 8:21
`agreed
`6:9agreement
`7:19, 14:1,
`15:15, 15:22
`ahead
`8:10all
`1:13, 4:18,
`6:8, 6:10, 7:9,
`12:14, 13:18,
`15:12, 17:13
`allocated
`15:2allocation
`15:5alluding
`8:19along
`4:10, 4:17
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`already
`avenue
`15:2, 16:7
`2:5, 3:6
`also
`B
`10:15, 15:16
`b-o-u-d-r-e-a-u
`anticipate
`4:5based
`6:11anton
`13:21
`2:12any
`basis
`14:17
`8:16, 10:8,
`because
`13:9, 14:17,
`4:18, 9:13,
`15:6, 17:9
`9:17been
`anybody
`4:17anything
`5:12, 9:3,
`11:16, 13:11
`7:11, 13:14,
`before
`16:21
`1:2, 1:16,
`apologize
`6:17, 11:18,
`4:18apparently
`14:13, 18:5
`behalf
`4:9appeal
`2:2, 2:9, 3:3,
`3:10, 4:16,
`1:2, 9:18,
`9:11, 12:20,
`11:17
`15:7belief
`appreciate
`17:3, 17:17
`18:9believe
`apricorn
`2:9, 5:7,
`9:17, 12:15,
`10:12, 12:17
`15:2best
`argue
`11:3argument
`18:8beyond
`9:6, 9:7,
`16:1bit
`10:22, 11:8,
`14:16
`14:7board
`arguments
`13:5asked
`1:2, 6:20,
`11:9, 11:15
`bockius
`9:7assume
`2:11, 2:17
`both
`15:17
`attempt
`7:3, 7:20, 8:16
`boudreau
`11:6attorney
`1:18, 4:5
`boulevard
`7:2attorneys
`2:12bracewell
`10:9authorize
`3:5
`13:19
`
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`
`19
`
`brian
`2:3, 4:15,
`9:10, 11:5,
`12:6, 15:7,
`17:15
`briefly
`16:22
`bright
`2:10, 10:11,
`10:12, 12:16,
`12:17
`brown
`3:12burden
`11:10
`buroker
`2:3, 4:15,
`5:14, 6:2, 6:4,
`8:10, 9:4, 9:10,
`10:22, 11:4,
`11:5, 12:6,
`15:7, 16:5,
`16:12, 16:14,
`16:20, 17:14,
`17:15
`business
`16:18
`C
`california
`2:13call
`4:6, 5:15, 17:3
`called
`11:13
`can
`6:4, 6:12, 7:9,
`9:19, 12:9
`can't
`14:15
`captioned
`18:5carol
`1:22, 18:3,
`18:17
`case
`1:5, 8:9, 8:20,
`9:14
`
`

`

`cases
`15:3cause
`18:5caveat
`14:21
`ccr
`1:22, 18:3
`certain
`9:15certificate
`18:1certify
`18:4, 18:8
`chance
`9:4, 10:1,
`11:18
`charles
`1:18, 4:4
`check
`16:22
`chicago
`2:19chris
`10:11, 12:17
`christopher
`2:10circulate
`7:8claims
`11:8, 11:10
`clarification
`5:8, 10:21,
`12:1, 16:15
`clarify
`6:12, 11:14,
`11:19, 12:10,
`15:8, 15:12,
`15:20
`clear
`11:6cmrs
`1:22, 18:3
`co-petitioners
`8:2comfortable
`14:3comment
`10:9, 10:13,
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`couple
`10:15
`complete
`11:6course
`14:13, 14:18
`conduct
`9:6, 13:8
`court
`17:11
`confer
`18:1, 18:6
`covering
`10:17, 11:20,
`12:22
`8:4crutcher
`conference
`4:7conferred
`2:4customized
`9:9confidential
`16:10
`D
`15:16, 16:19
`daniel
`confirmation
`1:16day
`7:6confirming
`6:22, 18:12
`12:20
`decision
`confused
`11:18, 14:17
`8:9connecticut
`demonstrative
`17:8, 17:10
`2:5connolly
`denied
`14:20
`3:4, 7:2, 7:3,
`did
`7:5, 10:14,
`7:10, 11:9,
`10:15, 12:19
`13:11
`constitutes
`didn't
`18:10
`13:12
`continued
`different
`3:1copy
`11:7, 16:8
`digital
`13:22
`1:4, 2:2, 4:16,
`corporation
`7:18, 9:12, 12:7
`1:5correct
`discuss
`4:8, 4:11, 9:5
`5:15, 6:2, 6:5,
`discussed
`8:5, 8:12,
`9:1, 9:3
`12:15, 12:18,
`discussion
`13:10, 18:10
`6:1discussions
`costa
`2:13could
`12:8, 12:14,
`14:2documents
`5:10, 9:22,
`12:2counsel
`16:18
`don't
`6:12, 7:7,
`13:21, 16:6,
`7:18, 10:2,
`16:7, 17:9
`12:15
`
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`
`20
`
`drive
`2:18dunn
`2:4
`E
`e-mail
`8:14, 17:7
`each
`9:5, 15:3
`earlier
`9:11early
`6:15easiest
`10:3editorialize
`14:7either
`6:21, 15:6,
`16:9, 17:7
`encourage
`13:19, 13:20
`energy
`7:3enough
`14:2entering
`9:14entities
`12:20
`esquire
`2:3, 2:10,
`2:16, 3:4, 3:11
`essentially
`14:13
`est
`1:15evening
`6:15everybody
`6:4everyone's
`17:3evidence
`9:15, 11:8
`evidentiary
`10:7, 11:1,
`
`

`

`11:2, 11:13
`exclude
`11:2exhibits
`17:8, 17:10
`existing
`15:5expect
`17:9extent
`11:12, 15:14,
`15:16
`F
`family
`9:3far
`14:2fifth
`3:6file
`6:14, 14:4,
`15:10, 15:15,
`15:17, 15:19,
`15:21, 16:3
`filed
`5:6, 6:21,
`14:19, 16:19,
`17:15
`final
`7:7, 11:18,
`14:17
`fine
`17:8first
`4:4, 4:14,
`4:18, 5:7
`fishman
`1:16, 4:2,
`5:10, 5:11,
`5:21, 6:3, 7:1,
`7:10, 7:22,
`8:22, 10:8,
`10:16, 10:20,
`11:20, 12:1,
`12:2, 12:11,
`12:21, 13:2,
`13:17, 15:21,
`
`21
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`H
`16:6, 16:13,
`16:16, 16:21,
`had
`17:2, 17:17,
`8:6, 8:14, 9:4,
`18:6follow
`9:7, 9:8, 10:1,
`11:11, 16:15
`4:17foregoing
`hand
`18:12
`18:9forward
`handle
`4:11has
`6:19, 13:16,
`17:4found
`5:15, 9:3,
`13:10, 15:9
`11:9four
`hasn't
`5:12have
`5:3from
`4:3, 6:9, 7:1,
`6:10, 7:6,
`8:8, 8:22, 9:4,
`7:16, 7:20,
`9:9, 10:12,
`9:14, 14:16,
`10:15, 11:13,
`15:6further
`11:16, 13:21,
`14:1, 14:8,
`7:16, 10:13,
`15:14, 15:15,
`10:15, 11:21,
`15:16, 16:6,
`16:21, 18:8
`16:17, 17:12
`G
`haven't
`get
`10:1having
`15:13, 17:15
`gibson
`10:6, 14:16,
`15:11
`2:4give
`heard
`8:17, 15:9
`10:16, 13:17
`hearing
`given
`4:8, 4:12,
`11:16, 11:17,
`4:22, 5:4, 6:17,
`18:12
`go
`6:19, 8:3, 8:16,
`9:2, 9:8, 9:16,
`6:19, 8:10,
`9:22, 10:4,
`13:15
`going
`10:10, 11:19,
`13:3, 13:7,
`7:8, 10:17
`got
`13:11, 13:13,
`13:15, 14:3,
`15:9gotten
`14:5, 14:8,
`15:1, 17:11,
`4:7governmental
`17:16
`here
`16:2grant
`10:17, 10:18,
`17:9
`6:20, 14:9
`
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`
`hersh
`2:16hold
`16:22
`honor
`5:14, 6:8,
`7:13, 8:11,
`8:18, 9:20,
`10:11, 10:14,
`11:4, 12:13,
`12:16, 13:6,
`17:14
`honorable
`18:6how
`4:11, 6:6,
`16:11
`I
`i'll
`4:16, 15:12
`iii
`3:11illinois
`2:19inc
`1:9inclined
`6:20included
`4:19incorrect
`6:13information
`9:15, 11:11,
`14:15
`initially
`11:9interested
`13:3, 13:8,
`14:14
`into
`5:13, 14:2
`introduce
`11:7involving
`4:19ipr
`1:6
`
`

`

`issue
`9:17, 11:3,
`11:12, 11:14,
`11:17, 11:18,
`15:4issues
`9:19, 10:6,
`10:7, 11:1,
`14:11, 14:12,
`14:22
`issuing
`14:18
`it's
`6:18, 7:19,
`9:13, 11:15,
`15:16, 15:22,
`16:1
`J
`january
`1:14, 4:9,
`18:7, 18:13
`job
`1:20joined
`4:22, 5:5, 5:13
`joint
`6:14, 6:20,
`15:10, 16:17
`jointly
`5:7, 14:4
`judge
`1:16, 1:17,
`1:18, 4:2, 4:3,
`5:10, 5:11,
`5:21, 6:3, 7:1,
`7:10, 7:22,
`8:22, 10:8,
`10:16, 10:20,
`11:20, 12:1,
`12:2, 12:11,
`12:21, 13:2,
`13:17, 15:21,
`16:6, 16:13,
`16:16, 16:21,
`17:2, 17:17,
`18:6just
`7:6, 14:10,
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`matter
`14:21, 15:4,
`16:22, 17:6,
`17:12
`may
`17:7
`K
`12:13
`meet
`kingston
`11:9mehta
`4:19know
`2:16mentioned
`15:14, 16:6
`knowledge
`8:15mesa
`18:9
`L
`2:13minimum
`l-y-n-n-e
`4:4last
`14:1mistake
`15:9, 17:10
`4:21mistaken
`later
`6:15lead
`5:13moment
`7:6leave
`10:16, 10:18,
`12:21, 13:17,
`10:18
`16:7monday
`let
`4:13, 10:17,
`4:9, 6:17, 8:3,
`11:20, 12:21,
`8:17, 9:2, 10:4,
`16:21
`13:16, 17:5
`lewis
`more
`2:11, 2:17
`12:1, 12:21,
`like
`13:17
`13:13
`morgan
`likely
`2:11, 2:17
`8:2, 9:18, 10:5
`morning
`llp
`6:15motion
`2:4, 2:11,
`2:17, 3:5, 3:12
`6:14, 6:20,
`look
`11:2, 13:20,
`17:3lynne
`14:15, 15:10,
`15:17, 15:18,
`1:17, 4:4
`15:19
`M
`motions
`made
`14:19, 14:20
`moved
`7:18making
`11:11
`much
`11:6many
`17:17
`9:19
`name
`4:4
`
`N
`
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`
`22
`
`necessary
`9:9, 13:12,
`13:16
`need
`6:19, 7:11,
`8:3, 8:16, 9:2,
`10:9, 13:22,
`14:8, 16:9,
`16:10
`negotiations
`4:10, 12:3
`new
`3:14, 14:11,
`14:22, 15:4
`next
`6:21norfolk
`18:13
`nos
`1:5not
`4:21, 5:20,
`5:22, 9:1, 9:4,
`9:9, 9:11, 9:19,
`11:9, 11:12,
`11:17, 12:4,
`12:13, 13:11,
`14:16, 14:22,
`15:3, 17:12
`nothing
`7:13, 7:16
`noting
`17:7number
`13:18
`obtain
`7:7obviate
`8:15obviated
`10:1obviously
`6:17off
`15:13, 17:19
`office
`1:1, 12:15
`
`O
`
`

`

`oh
`17:6okay
`5:21, 6:3, 7:1,
`7:22, 8:22,
`10:16, 11:20,
`16:5, 16:12,
`16:13, 17:2
`one
`6:11, 8:6,
`10:21, 12:1,
`12:21, 13:12,
`13:17, 13:18,
`16:10
`only
`11:2, 16:14
`opportunity
`13:14, 14:22
`oral
`8:16, 9:6, 9:7
`order
`15:2, 15:4,
`15:5, 16:8, 16:9
`orders
`14:20
`other
`10:8, 16:2
`others
`5:20, 12:9
`otherwise
`9:18our
`5:11, 7:6,
`7:19, 8:13, 9:7,
`9:13, 11:6,
`11:10, 11:15,
`13:10, 13:22,
`15:2, 16:9
`out
`6:16, 17:7
`owner
`1:10, 3:10,
`7:10, 7:15,
`7:17, 8:7, 8:12,
`8:20, 9:5, 9:8,
`9:20, 12:9,
`14:12
`owner's
`10:2
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`P
`15:19
`permitted
`p-e-t-t-i-g-r-e-w
`9:21, 13:9,
`4:3p-tab
`15:21, 16:3
`petition
`16:1pages
`4:19, 4:20,
`4:21, 5:12,
`1:21panel
`5:18, 7:12,
`7:14, 7:21, 8:1,
`10:17, 11:21,
`8:13, 8:15,
`16:22
`12:4, 13:5,
`paper
`14:5, 14:6, 15:2
`14:4part
`petitioner
`1:6, 2:2, 2:9,
`5:22, 15:18
`3:3, 4:16, 8:8,
`parties
`9:12, 10:8,
`1:13, 4:7,
`10:12, 12:6,
`4:11, 6:9, 6:10,
`12:17, 13:10,
`8:22, 13:19,
`13:14, 15:8
`13:20, 14:8,
`petitioner's
`14:10, 15:12
`8:14petitioners
`party
`15:6patent
`9:3, 13:4
`petitions
`1:1, 1:2, 1:10,
`5:6, 5:17,
`3:10, 5:17,
`5:18, 5:19,
`5:22, 6:8, 7:10,
`5:21, 8:4, 8:17
`7:15, 7:17, 8:5,
`pettegrew
`8:7, 8:12, 8:20,
`1:17pettigrew
`9:5, 9:8, 9:20,
`10:2, 12:4,
`4:3phone
`12:8, 12:9,
`12:14, 14:12
`6:4, 7:2,
`patents
`10:18, 15:13
`5:16patrick
`place
`9:10please
`3:4, 7:5,
`10:14, 12:19
`14:4, 16:10
`pause
`point
`10:19, 11:22,
`5:8, 6:12,
`13:1, 17:1
`6:16, 10:3,
`perceive
`13:18, 16:14
`9:1perhaps
`position
`6:14, 13:10,
`8:15, 8:17,
`15:10
`9:22, 10:3
`potential
`permission
`12:5precluded
`11:16, 15:17,
`9:14
`
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`
`23
`
`prepared
`13:15
`presiding
`1:16principal
`6:9, 7:19
`privy
`12:14
`probably
`11:13
`proceed
`6:6, 10:4, 15:1
`proceeded
`14:2proceeding
`5:13, 10:5
`proceedings
`1:12, 4:22,
`5:2, 5:3, 5:5,
`10:19, 11:22,
`13:1, 17:1,
`18:5, 18:11
`proof
`11:10
`protective
`16:8, 16:9
`purpose
`4:6purposes
`16:1
`Q
`question
`5:11, 13:2
`questions
`15:6quirky
`8:7
`raise
`5:10raised
`14:11
`raises
`13:15
`rather
`15:3, 15:11
`
`R
`
`

`

`reached
`17:12
`really
`14:8rearguing
`14:14
`reason
`8:18recall
`16:7received
`7:6receiving
`6:11record
`11:6, 14:13,
`14:18, 16:1,
`16:2, 17:19
`recorded
`18:4refer
`13:22, 16:11
`regard
`5:16, 7:14,
`7:20, 8:16
`regarding
`6:7, 7:11, 8:1,
`8:4, 9:2, 13:5
`relate
`11:1related
`8:1, 12:8
`relates
`5:9relating
`5:22, 11:8,
`12:3remaining
`10:6reminded
`16:16
`reminding
`17:6reply
`8:8, 8:19,
`9:16, 9:21,
`11:12, 14:11
`reported
`1:22
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`reporter's
`scheduled
`18:1represent
`4:8seal
`7:3, 7:9
`15:22, 16:4,
`request
`16:19
`sealing
`4:7, 9:6, 9:7,
`13:12, 16:17
`15:17
`requested
`seattle
`14:5, 14:9
`3:7second
`respond
`13:4, 13:14
`17:11
`responding
`see
`13:8response
`17:4, 17:9
`seek
`8:7, 8:19,
`9:18, 11:17
`seems
`9:20, 14:12
`right
`8:18sent
`8:9, 13:18,
`17:13
`17:6set
`rise
`14:22
`5:4settled
`rmr
`1:22, 18:3
`5:19, 8:2
`route
`settlement
`15:12
`4:10, 5:16,
`rubino
`6:1, 6:7, 9:10,
`3:11, 7:13,
`12:3, 12:5,
`7:14, 8:11,
`12:7, 12:14,
`8:12, 12:11,
`13:21, 14:1,
`12:13, 13:2,
`14:2, 15:15,
`13:6, 13:7
`15:22, 16:18,
`rudnick
`17:4, 17:13
`short
`3:12rules
`9:16, 10:5
`shot
`13:22, 14:10,
`16:11
`4:17should
`rulings
`9:13
`11:15, 15:10
`shouldn't
`S
`11:13
`said
`showing
`9:8, 9:20,
`13:4, 13:8,
`18:6, 18:11
`17:10
`same
`side
`7:17save
`9:5, 17:7
`sides
`6:10saying
`7:20signature
`9:11
`6:11, 7:7, 15:9
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`24
`
`signature-obizu
`18:15
`signatures
`6:10simply
`12:4since
`9:9situation
`8:7some
`4:10, 6:12
`someone
`10:21
`soon
`7:8sorry
`5:15, 9:11
`sort
`16:3sounds
`7:22speak
`10:1speaking
`11:5spex
`1:8square
`3:13standard
`16:9statements
`7:18states
`1:1stenotype
`18:4stick
`15:4still
`9:1stop
`14:15
`submit
`13:19, 13:20,
`16:11
`submitted
`9:6, 17:8
`
`

`

`suggested
`10:22
`suggesting
`11:3suite
`2:12, 3:6
`supplemental
`9:15, 11:11,
`14:15
`surprises
`17:9
`T
`table
`12:5taec
`7:4take
`4:13, 4:16
`tayloe
`1:22, 18:3,
`18:17
`technologies
`1:8telephone
`1:13, 2:1, 3:1,
`18:7terminate
`6:14, 6:21,
`15:11, 15:18,
`15:19
`termination
`13:21
`terms
`14:19
`th
`4:9, 18:12
`than
`15:11
`thank
`16:5, 16:15,
`16:20, 17:17
`that
`4:20, 4:21,
`5:3, 5:14, 5:19,
`6:8, 6:16, 6:18,
`6:19, 7:7, 7:8,
`8:2, 8:6, 8:9,
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`8:12, 8:13,
`13:13, 14:7,
`8:14, 8:15,
`14:10, 14:11,
`8:17, 8:18,
`14:12, 14:18,
`8:19, 8:20,
`16:7, 16:10,
`8:21, 9:3, 9:5,
`17:1there's
`9:11, 9:13,
`9:14, 9:16,
`5:2these
`9:17, 9:19,
`10:2, 10:13,
`8:8they
`10:22, 11:2,
`11:8, 11:12,
`4:21, 9:1
`thing
`11:13, 11:15,
`11:17, 12:4,
`10:3, 16:3
`things
`12:8, 12:11,
`12:15, 12:17,
`6:6think
`13:9, 13:10,
`13:11, 13:12,
`6:18, 9:22,
`13:15, 14:3,
`10:21, 13:9,
`14:4, 14:5,
`13:11, 15:8
`14:7, 14:10,
`this
`14:16, 14:17,
`4:2, 4:6, 4:8,
`14:19, 14:20,
`4:13, 4:15,
`14:21, 15:14,
`5:11, 5:22,
`15:20, 16:2,
`6:15, 7:5, 7:11,
`16:14, 16:15,
`7:14, 8:11, 9:9,
`16:16, 17:7,
`9:10, 9:22,
`17:12, 18:4,
`10:3, 10:11,
`18:8that's
`10:14, 10:20,
`11:4, 12:2,
`4:3, 5:7, 6:5,
`12:16, 12:19,
`6:13, 11:14,
`13:6, 17:14,
`11:18, 12:10,
`17:16, 18:12
`14:16, 15:18,
`those
`17:8their
`5:6, 5:18,
`10:6, 14:20
`9:6them
`though
`8:1through
`16:11
`then
`9:15thursday
`5:5, 8:20
`there
`1:14time
`4:9, 6:9, 7:16,
`7:19, 8:3, 8:19,
`15:3, 15:5,
`9:18, 9:20,
`17:3times
`10:19, 11:1,
`11:22, 12:2,
`3:13, 11:7
`12:7, 13:1,
`today
`13:3, 13:7,
`6:12
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`25
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`tomorrow
`6:15took
`9:10topic
`10:13
`toshiba
`3:3, 5:7, 6:12,
`7:1, 7:3, 7:4,
`12:20, 15:9
`toshibas
`7:9trademark
`1:1transcript
`1:12, 17:15,
`18:9, 18:10
`treating
`16:18
`trial
`1:2true
`18:10
`turn
`4:13two
`5:2, 5:3, 15:3
`U
`unclear
`14:7under
`15:22, 16:4,
`16:19, 18:12
`understand
`5:1, 12:9
`understanding
`5:12, 6:6, 6:8,
`7:20, 8:6, 8:14,
`12:10, 12:12
`united
`1:1unlikely
`6:18upcoming
`4:8, 4:12
`use
`16:9
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
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`

`V
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`verbatim
`18:4very
`6:18, 9:16,
`10:5via
`1:13, 2:1, 3:1,
`18:6view
`9:13, 11:15
`vincent
`3:11, 7:14,
`8:10, 8:11
`virginia
`18:13
`wacker
`2:18waiver
`15:11
`waives
`14:4waiving
`14:3want
`4:18, 10:9,
`11:14, 11:19,
`13:12, 14:9,
`15:8wanted
`4:11, 6:16,
`15:20
`wants
`4:13, 4:17
`warn
`14:10
`warning
`14:21
`was
`4:20, 8:6,
`8:13, 8:19,
`9:20, 10:19,
`11:5, 11:22,
`13:1, 13:10,
`16:7, 16:14,
`
`Transcript of Conference Call
`Conducted on January 10, 2019
`17:1washington
`17:4, 17:11
`with
`2:6, 3:7
`4:7, 5:15,
`wasn't
`5:16, 7:13,
`7:17, 7:20,
`9:8way
`8:16, 8:21, 9:5,
`10:2, 10:4,
`13:9we'll
`10:6, 10:17,
`11:15, 11:21,
`15:4, 17:15
`we're
`14:3, 14:21,
`15:1, 15:4,
`11:17
`we've
`15:12, 16:22,
`17:9would
`4:6well
`5:18, 5:19,
`4:10, 5:2,
`5:20, 6:6, 6:13,
`8:15, 8:21,
`6:19, 8:3, 8:20,
`12:12
`were
`9:16, 10:5,
`11:1, 13:7,
`5:6, 6:20, 7:7,
`13:9, 13:11,
`8:17, 8:20,
`13:13, 14:17,
`14:19
`16:8, 16:17
`west
`wrong
`2:18western
`6:5, 8:5
`1:4, 2:2, 4:16,
`yeah
`7:18, 9:12, 12:7
`what
`7:6yes
`15:8when
`5:14, 7:5,
`6:21where
`16:3, 17:14
`york
`8:6, 11:9,
`3:14you
`11:11
`whether
`7:3, 7:11,
`9:1which
`10:21, 13:3,
`13:21, 14:1,
`14:3, 14:16,
`6:11who
`16:5, 16:8,
`16:11, 16:15,
`4:17whoever
`16:20, 17:4,
`17:6, 17:12,
`4:13wholly
`17:18
`you're
`14:22
`will
`11:3, 14:14
`your
`9:18, 11:16,
`5:14, 6:8,
`13:18, 14:6,
`7:13, 8:11,
`14:9, 15:1,
`17:2, 17:3,
`
`Y
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`8:18, 9:19,
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