`Date: August 7, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`____________
`
`Case IPR2013-00417
`Patent 8,036,788
`____________
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`Order
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2013-00417
`Patent 8,036,788
`
`
`
`Introduction
`On August 6, 2014, Patent Owner (“AVS”) filed a Notice of Withdrawal
`
`(“Withdrawal Notice,” Paper 61) of Patent Owner’s Motion to Amend (“Motion to
`Amend,” Paper 29). The Withdrawal Notice states that AVS hereby withdraws its
`Motion to Amend “without prejudice” to pursue the same claims in another
`application or proceeding. Withdrawal Notice, 1.
`Discussion
`AVS’s Withdrawal Notice is more than merely a notice of withdrawal of its
`
`Motion to Amend. It has the nature of a motion, because it specifies the desired
`effect or consequence of the withdrawal. As a party to the proceeding, AVS may
`not declare that effect or consequence. Thus, we treat AVS’s Withdrawal Notice
`as a motion. Per 37 C.F.R. § 42.20(b), however, AVS may not file a motion
`without prior authorization from the Board. The Withdrawal Notice is an
`unauthorized paper.
`
`Order
`
`Accordingly, it is
`
`ORDERED that AVS’s Withdrawal Notice (Paper 61) be expunged from the
`
`record.
`.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2013-00417
`Patent 8,036,788
`
`For Petitioner:
`A. Antony Pfeffer
`Matthew Berkowitz
`Thomas Makein
`apfeffer@kenyon.com
`mberkowitz@kenyon.com
`tmakin@keyon.com
`
`For Patent Owner:
`Thomas Wimbiscus
`Scott McBride
`Christopher Scharff
`Stephanie Samz
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`ssamz@mcandrews-ip.com
`
`
`3
`
`
`
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