throbber
Trials@uspto.gov
`571-272-7822
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` Paper 22
`
`
`Entered: March 13, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARL ZEISS SMT GMBH
`Petitioner
`
`v.
`
`NIKON CORPORATION
`Patent Owner
`
`
`Case IPR2013-00363
`Patent 7,348,575 B2
`
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`

`

`Case IPR2013-00363
`Patent 7,348,575 B2
`
`
`A conference call was held on March 13, 2014, involving respective
`
`counsel for Petitioner and Patent Owner, and Judges Medley, Blankenship,
`
`and Clements. The purpose of the call was for Patent Owner to seek
`
`authorization to file a substitute Exhibit 2002.
`
`
`
`Counsel for Patent Owner explained that the Exhibit 2002 paragraph
`
`39 chart contains incorrect text for the “Second Unit.” Counsel for Patent
`
`Owner explained that the correct information is provided in the chart on
`
`page 6 of the Patent Owner Response (Paper 21). Patent Owner seeks
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`authorization to file a substitute Exhibit 2002 for the sole purpose of
`
`replacing the text for the “Second Unit” of the declaration with the text for
`
`the “Second Unit” found on page 6 of the Patent Owner Response. The
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`request is unopposed. The request is granted.
`
`It is
`
`ORDERED that Patent Owner’s request to file a substitute Exhibit
`
`2002 is granted;
`
`FURTHER ORDERED that Patent Owner shall file, no later than
`
`March 18, 2014, a corrected version of Exhibit 2002 and shall upload and
`
`style the exhibit as “Substitute Exhibit 2002;”
`
`FURTHER ORDERED that Patent Owner serve a redlined version of
`
`Substitute Exhibit 2002 showing the changes; and
`
`FURTHER ORDERED that Patent Owner file a paper styled “Notice
`
`Regarding Filing of Substitute Exhibit 2002” containing a brief explanation
`
`that the substitute Exhibit 2002 is filed for the sole purpose of correcting the
`
`paragraph 39 chart “Second Unit” text and that no other changes are made.
`
`2
`
`

`

`Case IPR2013-00363
`Patent 7,348,575 B2
`
`For PETITIONER:
`
`
`Marc M. Wefers, Esq.
`Chris C. Bowley, Esq.
`Fish & Richardson, P.C.
`wefers@fr.com
`bowley@fr.com
`
`
`
`For PATENT OWNER:
`
`John S. Kern, Esq.
`Robert C. Mattson, Esq.
`Oblon Spivak
`CPdocketKern@oblon.com
`CPdocketMattson@oblon.com
`
`
`
`3
`
`

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