`571-272-7822
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` Paper 16
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` Entered: July 3, 2013
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Oracle Corporation
`Petitioner
`
`v.
`
`Clouding IP, LLC
`Patent Owner
`
`
`Case IPR2013-00073 (JL)
`Patent 6,738,799
`
`
`Before JAMESON LEE, and JONI Y. CHANG, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`On July 2, 2013, a telephone conference call for this trial was held between
`respective counsel for the parties and Judges Lee and Chang. Counsel for
`Clouding initiated the call to request authorization to file a “Supplemental Copy”
`of the declaration of Dr. Chu, which is Exhibit 2007. The reason for the request
`was that original Exhibit 2007, filed on June 24, 2013, was discovered by Clouding
`on June 26th, and by Oracle on June 27th, to have been only the signature page of
`the declaration. Counsel for Clouding represented that the filing of only the
`
`
`
`Case IPR2013-00073
`Patent 6,738,799
`
`signature page of the declaration was inadvertent and that the complete declaration
`was in fact executed and ready to file by June 24th. During the conference call,
`counsel for Oracle did not object to filing of the “Supplemental Copy.”
`
`The Board authorized re-filing by Clouding of Exhibit 2007, a complete
`copy of the declaration of Dr. Chu. Also during the conference call, the Board
`reminded both parties that any paper referencing a declaration must point out
`specifically the paragraph number or the page and line numbers of the portions
`relied on to support any argument or assertion in the paper.
`
`It is
`ORDERED that Clouding is authorized to re-file Exhibit 2007, a complete
`
`copy of the declaration of Dr. Chu, and label the electronic filing as a
`“Replacement Copy of Declaration of Dr. Chu – Exhibit 2007”; and
`FURTHER ORDERED that upon filing of the “Replacement Copy,” the
`
`original Exhibit 2007 filed on June 24th, and any subsequent “Supplemental Copy”
`of the declaration filed by Clouding prior to the date of this communication will be
`expunged, to avoid creating confusion in the record, as the term “supplemental
`copy” is inaccurate as it suggests that it is at once a supplement as well as a copy.
`
`
`
`
`
`
`-2-
`
`
`
`Case IPR2013-00073
`Patent 6,738,799
`
`For PETITIONER
`Greg Gardella
`Scott A. McKeown
`OBLON SPIVAK
`cpdocketgardella@oblon.com
`cpdocketmckeown@oblon.com
`
`
`For PATENT OWNER
`
`Tarek N. Fahmi
`Amy J. Embert
`Fahmi, Sellers & Embert
`tarek.fahmi@fseip.com
`amy.embert@fseip.com
`
`
`
`
`
`-3-
`
`
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