`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
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARDIOCOM, LLC
`Petitioner
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`____________
`
`Case IPR2013-00451
`Patent 7,587,469
`____________
`
`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)
`
`
`
`
`
`
`
`
`
`I. RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.22(a)(1) and for the reasons set forth below,
`
`Cardiocom, LLC (“Petitioner”) respectfully: (1) requests the Board expunge the
`
`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) (“Stone
`
`Declaration”), Exhibit 1022, filed on June 10, 2014, from the record; and (2) files
`
`in its place a Corrected Stone Declaration.
`
`II. STATEMENT OF MATERIAL FACTS
`
`1.
`
`Petitioner filed the 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) on June 10, 2014.
`
`2.
`
`A clerical error in the Stone Declaration Reply was identified after it
`
`was filed.
`
`3.
`
`Petitioner contacted Counsel for Patent Owner informing them of the
`
`error. Counsel for Patent Owner stated that they would not oppose the present
`
`Motion.
`
`4.
`
`On July 7, 2014, the Petitioner emailed the Board, requesting
`
`authorization to file this Unopposed Motion to Expunge and File a 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).
`
`1
`
`
`
`
`
`5.
`
`On July 7, 2014, the Board authorized such a filing in an email to Dan
`
`McDonald, the lead counsel for Petitioner.
`
`6.
`
`Petitioner submits herewith, as an attachment to the present Motion,
`
`the 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)
`
`(“Corrected Stone Declaration”) for filing into the record should the Board grant
`
`the present Motion.
`
`7.
`
`Petitioner certifies that the Corrected Stone Declaration only replaces
`
`an incorrect citation to “Ex. 2008” with the correct citation to “Ex. 2011.”
`
`III. STATEMENT OF THE REASONS FOR RELIEF REQUESTED
`
`Petitioner files the present Motion in accordance with the Board’s email
`
`authorization dated July 7, 2014. The Corrected Stone Declaration serves to clarify
`
`and complete the record before the Board and does not introduce new material into
`
`the proceeding. For the foregoing reason, Petitioner respectfully: (1) requests that
`
`the Board expunge the Stone Declaration, Exhibit 1022 from the record; and (2)
`
`files in its place the Corrected Stone Declaration.
`
`Date: July 15, 2014
`
`
`
`Respectfully submitted,
`MERCHANT & GOULD P.C.
`
` /Daniel W. McDonald/
`
`Daniel W. McDonald, Reg. No. 32,044
`Attorneys for Petitioner Cardiocom, LLC
`
`
`
`2
`
`
`
`
`
`
`
`Certification of Service
`
`Pursuant to 37 C.F.R § 42.6(e), the undersigned hereby certifies that a copy of
`
`this UNOPPOSED MOTION TO EXPUNGE AND FILE A 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) has been served on July 15, 2014, by email on
`
`counsel of record for the patent owner at the following name and address:
`
`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
`
`
`
`Respectfully submitted,
`
`
`
`Date: July 15, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Daniel W. McDonald/
`Daniel W. McDonald (Lead Counsel)
`USPTO Registration No. 32,044
`
`
`
`
`
`3
`
`
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