`
`
` Entered: January 30, 2013
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CHI MEI INNOLUX CORPORATION
`Petitioner
`
`v.
`
`Patent of SEMICONDUCTOR ENERGY
`LABORATORY CO., LTD.
`Patent OWNER
`_______________
`
`Case IPR2013-00028
`Patent 6,404,480
`_______________
`
`
`
`Before SALLY C. MEDLEY, Administrative Patent Judge.
`
`ORDER
`Management of the Record
`37 C.F.R. § 42.7(a)
`
`
`
`
`
`A Petition for Inter Partes Review was filed on October 19, 2012. On
`
`January 24, 2013, Patent Owner, Semiconductor Energy Laboratory Co., filed their
`
`Preliminary Response to the Petition. Paper 10. Due to an error uploading
`
`exhibits into the Patent Review Processing System (PRPS), exhibits 2007 and 2009
`
`were not correctly uploaded. Paper 12 at 1. On January 25, 2013, Patent Owner
`
`
`
`Case IPR2013-00028
`Patent 6,404,480
`
`contacted Board personnel regarding the problem.1 Board personnel advised
`
`Patent Owner that since it was not possible to renumber exhibits in PRPS, in order
`
`to avoid confusion, a new Patent Owner Preliminary Response should be uploaded
`
`with the correct citations. On the evening of January 25, 2013, Patent Owner
`
`uploaded a revised Preliminary Response, Paper 11. In addition, Patent Owner
`
`filed a Request for Authorization to file Motion and Motion to Expunge Paper No.
`
`10 requesting acceptance of the new Patent Owner Preliminary Response and
`
`expungement of the original Patent Owner Preliminary Response. Paper 12. On
`
`January 28, 2013, counsel for Petitioner contacted Board personnel and
`
`represented that Petitioner did not oppose expungement of the original Patent
`
`Owner Preliminary Response and the filing of the new Patent Owner Preliminary
`
`Response.
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s Request for Authorization to File a Motion
`
`and Motion to Expunge Paper No. 10 is GRANTED; and
`
`FURTHER ORDERED that Paper 10 be expunged.
`
`
`
`
`
`PETITIONER:
`
`Scott A. McKeown, Esq.
`Oblon, Spivak, McClelland,
`Maier & Neustadt, LLP
`Email: cpdocketmckewon@oblon.com
`
`
`
`
`1 January 25, 2013 was the due date for Patent Owner’s Preliminary response. 37
`C.F.R. § 42.107(b).
`
`
`
`Case IPR2013-00028
`Patent 6,404,480
`
`Gregory S. Cordrey, Esq.
`Jeffer Mangels Butler & Mitchell, LLP
`Email: gcordrey@jmbm.com
`
`PATENT OWNER:
`
`Eric J. Robinson, Esq.
`Sean C. Flood, Esq.
`Robinson Intellectual Property Law Office, PC
`Email: erobinson@riplo.com
`Email: sflood@riplo.com
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