`571-272-7822
`
`Paper 77
`Entered: December 10, 2013
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVAYA INC., DELL INC., SONY CORPORATION OF AMERICA,
`and HEWLETT-PACKARD CO.
`Petitioners
`
`v.
`
`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`____________
`
`Case IPR2013-000711
`Patent 6,218,930
`
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and GLENN J. PERRY,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this
`proceeding.
`
`
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`
`On November 14, 2013, Patent Owner filed, with its reply to
`
`Petitioner Avaya Inc.’s (“Avaya”) opposition to Patent Owner’s motion to
`
`amend, a declaration from Dr. James Knox (Exhibit 2024). Avaya objected
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`to portions of the declaration and sought authorization to file a motion to
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`strike, which the Board denied. Paper 75. On December 2, 2013, Patent
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`Owner filed a replacement declaration, also as Exhibit 2024. In the
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`replacement declaration, Dr. Knox made various additions to his testimony
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`in the original declaration. Patent Owner did not obtain authorization from
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`the Board to file (in addition to serving) the replacement declaration. See
`
`37 C.F.R. § 42.64(b)(2) (“The party relying on evidence to which an
`
`objection is timely served may respond to the objection by serving
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`supplemental evidence within ten business days of service of the objection.”)
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`(emphasis added).
`
`Under the particular factual circumstances of this case, we do not
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`conclude that filing the replacement declaration is warranted at this time.
`
`Should Avaya file a motion to exclude the original declaration, and Patent
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`Owner file an opposition along with the replacement declaration, the Board
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`will address the merits of the replacement declaration at the end of the
`
`proceeding when the Board reviews the entire record and enters the final
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`written decision. Accordingly, the replacement declaration will be
`
`expunged.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the copy of Exhibit 2024 filed on December 2, 2013
`
`is expunged from the record of this proceeding.
`
`
`
`
`
`
`2
`
`
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`PETITIONERS:
`
`Jeffrey D. Sanok
`Jonathan Lindsay
`CROWELL & MORING LLP
`JSanok@Crowell.com
`JLindsay@Crowell.com
`
`Michael J. Scheer
`Thomas M. Dunham
`WINSTON & STRAWN LLP
`mscheer@winston.com
`tdunham@winston.com
`
`Lionel M. Lavenue
`Erika Arner
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`
`
`Robert J. Walters
`Charles J. Hawkins
`McDERMOTT WILL & EMERY LLP
`rwalters@mwe.com
`chawkins@mwe.com
`
`PATENT OWNER:
`
`Robert G. Mukai
`Charles F. Wieland III
`BUCHANAN, INGERSOLL & ROONEY P.C.
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`
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`3
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