`571-272-7822
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`Paper No. 4
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIVERSAL REMOTE CONTROL, INC.
`Petitioner
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`v.
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`Patent of UNIVERSAL ELECTRONICS, INC.
`Patent Owner
`____________
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`Case IPR2013-00127
`Patent 6,587,067
`____________
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`Mailed: January 30, 2013
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`Before ANDREW KELLOGG, Trial Paralegal
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`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
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`The petition for inter partes review in the above proceeding has been
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`accorded the filing date of January 26, 2013.
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`Case IPR2013-00127
`Patent 6,587,067
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`Administrative Patent Judge Sally C. Medley has been designated to
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`manage the proceeding. 37 C.F.R. § 42.5.
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`A review of the petition identified the following defect(s):
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`37 CFR 42.104(b)(3) requires the petition to identify how a
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`challenged claim is to be construed. In most cases, claim construction is an
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`important step in the determination of whether the challenged claims are
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`unpatentable over the cited prior art.
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`The instant petition contains implicit claim constructions in the
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`section discussing the reexamination of the involved patent and the section
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`that identifies how the challenged claims are unpatentable. During the
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`conference call, the Board noted that it would be helpful for the Petitioner to
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`set forth those claim constructions explicitly in the claim construction
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`section of the petition.
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`Notice was also provided to counsel for Petitioner of a typographical
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`error on page 11 of the Petition; the citation of exhibit 1008 instead of
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`exhibit 1009.
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`Lastly, duplicate copies of certain exhibits were uploaded into the
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`electronic file record. Counsel for Petitioner was notified that the PTAB
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`will expunge such duplicates in due course.
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`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
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`from this notice. Failure to correct the defect(s) may result in an order to
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`show cause as to why the Board should institute the trial. No substantive
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`changes (e.g., new grounds) may be made to the petition.
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`Patent Owner may file a preliminary response to the petition no later
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`than three months from the date of this notice. The preliminary response is
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`limited to setting forth the reasons why the requested review should not be
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`2
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`Case IPR2013-00127
`Patent 6,587,067
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`instituted. Patent Owner may also file an election to waive the preliminary
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`response to expedite the proceeding. For more information, please consult
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`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
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`which is available on the Board Web site at http://www.uspto.gov/PTAB.
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`Patent Owner is advised of the requirement to submit mandatory
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`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
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`the petition.
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
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`counsel pro hac vice requires a showing of good cause. The parties are
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`authorized to file motions for pro hac vice admission under 37 C.F.R. §
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`42.10(c). Such motions shall be filed in accordance with the “Order --
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`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
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`(MPT), a copy of which is available on the Board Web site under
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`“Representative Orders, Decisions, and Notices.”
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`The parties are reminded that unless otherwise permitted by 37 C.F.R.
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`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
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`Patent Review Processing System (PRPS), accessible from the Board Web
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`site at http://www.uspto.gov/PTAB.
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`If there are any questions pertaining to this notice, please contact
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`Andrew Kellogg at 571-272-5366 or the Patent Trial and Appeal Board at
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`571-272-7822.
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`3
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`Case IPR2013-00127
`Patent 6,587,067
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`PETITIONER:
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`Timothy E. Bianchi
`Schwegman, Lundberg & Woessner, P.A.
`1600 TCF Tower
`121 South Eighth Street
`Minneapolis, MN 55402
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`and
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`Thomas C. Reynolds
`Schwegman, Lundberg & Woessner, P.A.
`150 Almaden Blvd.
`Suite 750
`San Jose, CA 95113
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`PATENT OWNER:
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`ALTHEIMER & GRAY
`GARY R. JAROSIK
`10 S. WACKER DRIVE, SUITE 4000
`CHICAGO, ILLINOIS 60606
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`and
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`GREENBERG TRAURIG, LLP (CHI)
`77 WEST WACKER DRIVE
`SUITE 3100
`CHICAGO IL 60601-1732
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`4
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