`Tel: 571-272-7822
`
`
`
`Paper 86
`Entered: April 29, 2014
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`
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`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
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`ORDER
`Motion to Expunge and File Corrected Exhibits 2324 and 2375
`37 C.F.R. § 42.7
`
`
`
`
`
`
`
`Case CBM2013-00023
`Patent 5,966,440
`
`
`
`
`
`Patent Owner filed a Motion to Expunge and File Corrected Exhibits
`
`2324 and 2375 in the instant proceedings. Paper 74. For the reasons
`
`explained below, we grant Patent Owner’s motion.
`
`Patent Owner states that it attempted to correct formatting issues in
`
`Exhibit 2324, which is the deposition transcript of David M. Schwartz, by
`
`filing a corrected version of Exhibit 2324 on January 24, 2014. The
`
`corrected version of Exhibit 2324 was labeled Exhibit 2355 and was filed by
`
`Patent Owner as supplemental evidence in response to Petitioner’s First Set
`
`of Objections. See Notice of Supplemental Evidence, Paper 42 and Updated
`
`Exhibit List, Paper 43. The Board subsequently expunged Exhibit 2355 (the
`
`corrected version of Exhibit 2324). See Order on the Conduct of the
`
`Proceedings, Paper 61 at 6-7. Patent Owner now moves the Board to
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`expunge the original Exhibit 2324, filed on January 3, 2014, and to enter a
`
`corrected version of Exhibit 2324, filed on April 18, 2014, which fixes the
`
`formatting issues in the original version.
`
`Patent Owner filed Exhibit 2375, which is the deposition transcript of
`
`Lawrence Kenswil, in support of its Motion to Exclude. Paper 64. Patent
`
`Owner states that shortly after filing Exhibit 2375, Patent Owner received a
`
`revised transcript that corrected an inadvertent transcription error. Patent
`
`Owner moves the Board to expunge the incorrect version of Exhibit 2375
`
`from the record and enter a corrected version of Exhibit 2375.
`
`Petitioner does not oppose Patent Owner’s Motion to expunge and file
`
`corrected Exhibits 2324 and 2375.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Patent Owner’s motion is granted;
`
`
`
`2
`
`
`
`Case CBM2013-00023
`Patent 5,966,440
`
`
`
`FURTHER ORDERED that Exhibit 2324, filed on January 3, 2014,
`
`is expunged from the record of the instant proceeding and Exhibit 2324,
`
`filed on April 18, 2014, shall replace the expunged exhibit; and
`
`FURTHER ORDERED that Exhibit 2375, filed on April 4, 2014, is
`
`expunged from the record of the instant proceeding and Exhibit 2375, filed
`
`on April 18, 2014, shall replace the expunged exhibit.
`
`
`
`3
`
`
`
`4
`
`Case CBM2013-00023
`Patent 5,966,440
`
`
`PETITIONER:
`
`J. Steven Baughman
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@ropesgray.com
`
`
`
`PATENT OWNER:
`
`David R. Marsh
`Kristan L. Lansbery
`ARNOLD & PORTER LLP
`david.marsh@aporter.com
`kristan.lansbery@aporter.com
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