`571-272-7822
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`Paper No. 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NEW BAY CAPITAL, LLC
`Petitioner
`
`v.
`
`VIRNETX INC.
`Patent Owner
`____________
`
`Case IPR2013-00375
`Patent 6,502,135
`____________
`
`Mailed: June 27, 2013
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of June 23, 2013.
`
`
`
`Case IPR2013-00375
`Patent 6,502,135
`
`
`Administrative Patent Judge Sally C. Medley has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defect:
`
` •
`
` Petititioner failed to uniquely number in a sequence each
`page of the exhibits pursuant to 37 CFR § 42.63(d)(2)(i).
`
`Petitioner must correct the defect within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect may result in an order to show
`cause as to why the Board should institute the trial. No substantive changes
`(e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`
`
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`2
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`
`
`Case IPR2013-00375
`Patent 6,502,135
`
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.” Any motion for pro hac
`vice admission filed by the parties shall also indicate that the person sought
`to be admitted will be subject to the USPTO Rules of Professional Conduct.
`See Changes to Representation of Others Before the United States Patent and
`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`May 3, 2013).
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`PETITIONER:
`Robert M. Asher
`rasher@sunsteinlaw.com
`
`Jeffrey T. Klayman
`jklayman@sunsteinlaw.com
`
`PATENT OWNER:
`Finnegan, Henderson, Farabow, Garrett & Dunner LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`
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`3
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