`Patent No. 8,079,413
`
`Trials@uspto.gov
`Tel: 571.272.7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`McClinton Energy Group, LLC
`Petitioner
`
`v.
`
`Magnum Oil Tools International, Ltd.
`Patent Owner
`_____________
`
`Case IPR2013-00231
`Patent 8,079,413
`_____________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Before Michael P. Tierney, Administrative Patent Judge.
`
`PETITIONER’S RESUBMISSION OF EXHIBIT 1025
`37 C.F.R. §§ 42.6, 42.63
`
`1
`
`
`
`Case IPR2013-00231
`Patent No. 8,079,413
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.6, 42.63, Petitioner McClinton Energy Group
`
`(“MEGCO”) requests that the Board accept the attached Exhibit 1025 to its Inter
`
`Partes Review Petition (Trial No. 2013-231) as being submitted on April 2, 2013.
`
`Exhibit 1025 is a CD containing a video of a Baker Hughes frac plug that was
`
`listed on the Exhibit List submitted with MEGCO’s petition. MEGCO could not
`
`submit this exhibit through the PRPS system because it is larger than 25 MB.
`
`http://www.uspto.gov/ip/boards/bpai/prps.jsp
`
`(PRPS
`
`filing
`
`instructions).
`
`MEGCO’s petition and other exhibits were transmitted to the Board on April 2,
`
`2013 via the PRPS system. MEGCO also served a copy of Exhibit 1025 on the
`
`Patent Owner’s correspondence address (along with the remainder of the Petition)
`
`on April 2, 2013.
`
`On April 2, 2013, MEGCO submitted the Baker Hughes video on a physical
`
`CD and filed a motion asking the Board to accord an April 2, 2013 filing date to
`
`the submission. Paper No. 5. On April 11, 2013, the Board denied this motion
`
`because Exhibit 1025 was not in the MPEG video format. Paper No. 7. The order
`
`denying the filing date to Exhibit 1025 stated that it was “without prejudice to the
`
`resubmission of the exhibit in a compliant video format.” Id.
`
`Based on the instructions in the Board’s April 11, 2013 order, MEGCO has
`
`prepared an updated Exhibit 1025 containing a converted version of the Baker
`
`2
`
`
`
`Case IPR2013-00231
`Patent No. 8,079,413
`
`Hughes video in a compliant MPEG format. Together with the electronic
`
`submission of this MEGCO is accordingly resubmitting an updated CD of Exhibit
`
`1025 in MPEG format via Express Mail. MEGCO requests that the Board accept
`
`resubmitted Exhibit 1025 and grant its Motion to Accord a filing date of April 2,
`
`2013.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted by
`
`K&L Gates LLP,
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jason A. Engel/
`Reg. No. 51,654
`Jason A. Engel
`Customer No. 24573
`Date: May 29, 2013
`K&L Gates LLP
`e-mail: jason.engel@klgates.com
`telephone number: 312-807-4236
`fax number: 312-827-8145
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.105, that
`
`service was made on the Patent Owner as detailed below.
`
`
`
`
`Date of service
`
`Manner of service
`
`Documents served
`
`
`
`
`Certification of Service
`
`May 29, 2013
`
`
`
`
`
`
`
`FEDERAL EXPRESS OVERNIGHT
`
`NON-ELECTRONIC SUBMISSION OF
`EXHIBIT 1025
`
`Robb D. Edmonds
`EDMONDS & NOLTE, P.C.
`2625 Bay Area Blvd, Suite 530
`Houston, Texas 77058
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jason A. Engel/
`By:
`Reg. No. 51,654
`Jason A. Engel
`Customer No. 24573
`K&L Gates LLP
`e-mail: jason.engel@klgates.com
`telephone number: 312-807-4236
`fax number: 312-827-8145
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`
`1
`
`
`Persons served
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`