`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel: (612) 332-5300
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`CARDIOCOM, LLC
`Petitioner
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`v.
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`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`____________
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`Case IPR2013-00451
`Patent 7,587,469
`____________
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`UNOPPOSED MOTION TO EXPUNGE AND FILE
`CORRECTED DECLARATION RESPONDING TO BOSCH
`CONTENTIONS BY ROBERT T. STONE, PH.D REGARDING U.S.
`PATENT NO. 7,587,469 UNDER 37 C.F.R. § 42.63(a)
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.22(a)(1) and for the reasons set forth below,
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`Cardiocom, LLC (“Petitioner”) respectfully: (1) requests the Board expunge the
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`Declaration Responding To Bosch Contentions By Robert T. Stone, Ph.D.
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`Regarding U.S. Patent No. 7,587,469 Under 37 C.F.R. § 42.63(a) (“Stone
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`Declaration”), Exhibit 1022, filed on June 10, 2014, from the record; and (2) files
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`in its place a Corrected Stone Declaration.
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`II. STATEMENT OF MATERIAL FACTS
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`1.
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`Petitioner filed the Declaration Responding To Bosch Contentions By
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`Robert T. Stone, Ph.D. Regarding U.S. Patent No. 7,587,469 Under 37 C.F.R. §
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`42.63(a) on June 10, 2014.
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`2.
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`A clerical error in the Stone Declaration Reply was identified after it
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`was filed.
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`3.
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`Petitioner contacted Counsel for Patent Owner informing them of the
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`error. Counsel for Patent Owner stated that they would not oppose the present
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`Motion.
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`4.
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`On July 7, 2014, the Petitioner emailed the Board, requesting
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`authorization to file this Unopposed Motion to Expunge and File a Corrected
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`Declaration Responding To Bosch Contentions By Robert T. Stone, Ph.D.
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`Regarding U.S. Patent No. 7,587,469 Under 37 C.F.R. § 42.63(a).
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`5.
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`On July 7, 2014, the Board authorized such a filing in an email to Dan
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`McDonald, the lead counsel for Petitioner.
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`6.
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`Petitioner submits herewith, as an attachment to the present Motion,
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`the Corrected Declaration Responding To Bosch Contentions By Robert T. Stone,
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`Ph.D. Regarding U.S. Patent No. 7,587,469 Under 37 C.F.R. § 42.63(a)
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`(“Corrected Stone Declaration”) for filing into the record should the Board grant
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`the present Motion.
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`7.
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`Petitioner certifies that the Corrected Stone Declaration only replaces
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`an incorrect citation to “Ex. 2008” with the correct citation to “Ex. 2011.”
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`III. STATEMENT OF THE REASONS FOR RELIEF REQUESTED
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`Petitioner files the present Motion in accordance with the Board’s email
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`authorization dated July 7, 2014. The Corrected Stone Declaration serves to clarify
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`and complete the record before the Board and does not introduce new material into
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`the proceeding. For the foregoing reason, Petitioner respectfully: (1) requests that
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`the Board expunge the Stone Declaration, Exhibit 1022 from the record; and (2)
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`files in its place the Corrected Stone Declaration.
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`Date: July 15, 2014
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`
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`Respectfully submitted,
`MERCHANT & GOULD P.C.
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` /Daniel W. McDonald/
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`Daniel W. McDonald, Reg. No. 32,044
`Attorneys for Petitioner Cardiocom, LLC
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`Certification of Service
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`Pursuant to 37 C.F.R § 42.6(e), the undersigned hereby certifies that a copy of
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`this UNOPPOSED MOTION TO EXPUNGE AND FILE A CORRECTED
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`DECLARATION RESPONDING TO BOSCH CONTENTIONS BY
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`ROBERT T. STONE, PH.D. REGARDING U.S. PATENT NO. 7,587,469
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`UNDER 37 C.F.R. § 42.63(A) has been served on July 15, 2014, by email on
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`counsel of record for the patent owner at the following name and address:
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`Don Daybell (ddaybell@orrick.com)
`Davin M. Stockwell (dstockwell@orrick.com)
`Bas de Blank (basdeblank@orrick.com)
`Lillian Mao (lmao@orrick.com)
`BoschvCardiocom-IPRServiceList@orrick.com
`D2DPTABDocket@orrick.com
`ORRICK, HERRINGTON, &
`SUTCLIFFE LLP
`2050 Main St., Suite 1100
`Irvine, CA 92614
`Tel: 949-567-6700
`Fax: 949-567-6710
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`
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`Respectfully submitted,
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`Date: July 15, 2014
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` /Daniel W. McDonald/
`Daniel W. McDonald (Lead Counsel)
`USPTO Registration No. 32,044
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