`
`Patent Owner SightSound Technologies, LLC
`
`By: David R. Marsh, Ph.D.
`
`Kristan L. Lansbery, Ph.D.
`ARNOLD & PORTER LLP
`555 12th Street, N.W.
`Washington, DC 20004
`Tel: (202) 942-5068
`Fax: (202) 942-5999
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC,
`
`Patent Owner.
`_______________
`
`Case CBM2013-00023
`Patent 5,966,440
`
`_______________
`
`UNOPPOSED MOTION TO EXPUNGE AND
`FILE CORRECTED EXHIBITS 2324 AND 2375
`
`
`
`
`
`
`
`
`
`
`
`
`As authorized by the Patent Trial and Appeal Board (“Board”) in an April
`
`18, 2014 email from a Paralegal Specialist of the Board, Patent Owner SightSound
`
`Technologies, LLC (“Patent Owner”) respectfully submits this Unopposed Motion
`
`to Expunge and File Corrected Exhibits 2324 and 2375 and thereby requests that
`
`the Board: (1) expunge Exhibits 2324 and 2375 from the record, and (2) file in
`
`their place corrected Exhibits 2324 and 2375.
`
`Patent Owner discovered inadvertent formatting issues with Exhibit 2324
`
`that resulted in small portions of omitted text and missing pages from the
`
`deposition exhibits. Patent Owner attempted to correct such issues by incorrectly
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`filing a corrected version of Exhibit 2324 on January 24, 2014 as supplemental
`
`evidence to Petitioner Apple Inc.’s First Set of Objections. See Ex. 2355
`
`(expunged). The Board subsequently expunged the corrected version of Exhibit
`
`2324.
`
`Patent Owner filed its Motion to Exclude and related Exhibits on April 4,
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`2014. Shortly thereafter, Patent Owner received a revised transcript of the
`
`deposition of Lawrence Kenswil (Ex. 2375), which corrected an inadvertent
`
`transcription error: on page 44, line 13 and page 44, line 24, the word “invention”
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`was inadvertently transcribed as “intention.”
`
`Patent Owner respectfully requests, in accordance with the Board’s
`
`authorization, that the Board: (1) expunge Exhibits 2324 and 2375 from the record;
`
`
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`-1-
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`
`
`
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`and (2) file in their place corrected Exhibits 2324 and 2375, submitted herewith.
`
`Counsel for Petitioner Apple Inc. does not oppose the present Motion.
`
`
`
`Dated: April 18, 2014
`
`
` By:
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/David R. Marsh/
`David R. Marsh, Ph.D.
`Kristan L. Lansbery, Ph.D.
`ARNOLD & PORTER LLP
`555 12th Street, N.W.
`Washington, DC 20004
`Tel: (202) 942-5068
`Fax: (202) 942-5999
`
`Attorneys for Patent Owner
`SightSound Technologies, LLC
`
`
`
`
`-2-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that copies of the Unopposed Motion to Expunge
`
`and File Corrected Exhibits 2324 and 2375 and corrected Exhibits 2324 and 2375
`
`were served on April 18, 2014 to the following Counsel for Petitioner via e-mail,
`
`pursuant to the parties’ agreement concerning service:
`
`J. Steven Baughman, Lead Counsel
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`Steven.Baughman@ropesgray.com
`Ching-Lee.Fukuda@ropesgray.com
`ApplePTABServiceSightSound@ropesgray.com
`
`Attorneys for Petitioner Apple Inc.
`
`/David R. Marsh/
`David R. Marsh (Atty. Reg. No. 41,408)
`ARNOLD & PORTER LLP
`555 12th Street, N.W.
`Washington, D.C. 20004
`Tel: (202) 942-5068
`Fax: (202) 942-5999
`
`-3-
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