`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`CARDIOCOM, LLC
`Petitioner
`v.
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`_____________________
`CASE NO.: IPR2013-00468
`Patent No. 7,516,192
`_____________________
`
`UNOPPOSED MOTION TO EXPUNGE AND FILE CORRECTED
`PATENT OWNER’S RESPONSE
`
`
`
`I. RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.22(a)(1) and for the reasons set forth below,
`
`Robert Bosch Healthcare Systems, Inc. (“Patent Owner”) respectfully: (1)
`
`requests the Board expunge Patent Owner’s Response, Paper 36, filed on April 1,
`
`2014, from the record; and (2) files in its place a Corrected Patent Owner’s
`
`Response.
`
`II.
`
`STATEMENT OF MATERIAL FACTS
`
`1.
`
`Patent Owner filed its Response to the Petition and related
`
`Exhibits on April 1, 2014.
`
`2.
`
`Shortly after filing, Patent Owner noticed a clerical error in the
`
`Patent Owner’s Response.
`
`3.
`
`Patent Owner contacted Counsel for Petitioner informing them
`
`of the error. Counsel for Petitioner stated that they would not oppose the
`
`present Motion.
`
`4.
`
`On April 18, 2014, the Patent Owner emailed the Board,
`
`requesting authorization to file this Unopposed Motion to Expunge and File
`
`a Corrected Patent Owner’s Response.
`
`5.
`
`On April 21, 2014, the Board authorized such a filing in an
`
`email to Don Daybell, the lead counsel for Patent Owner.
`
`1
`
`
`
`6.
`
`Patent Owner submits herewith, as an attachment to the
`
`present Motion, the Corrected Patent Owner’s Response for filing into the
`
`record should the Board grant the present Motion.
`
`7.
`
`Patent Owner certifies that the Corrected Patent Owner’s
`
`Response only replaces an incorrect citation to IPR2014-00488 with the
`
`correct citation to IPR2014-00436.
`
`III.
`
`STATEMENT OF THE REASONS FOR RELIEF REQUESTED
`
`Patent Owner files the present Motion in accordance with the Board’s email
`
`authorization dated April 21, 2014. The Corrected Patent Owner’s Response
`
`serves to clarify and complete the record before the Board and does not introduce
`
`new material into the proceeding. For the foregoing reason, Patent Owner
`
`respectfully: (1) requests that the Board expunge the Patent Owner’s Response,
`
`Paper 36 from the record; and (2) files in its place the Corrected Patent Owner’s
`
`Response.
`
`Dated: April 25, 2014
`
`Respectfully submitted,
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`By: /Don Daybell/
`Don Daybell, Reg. No. 50,877
`Attorney for Patent Owner Robert Bosch
`Healthcare Systems, Inc.
`
`2
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that
`the above-captioned “UNOPPOSED
`MOTION TO EXPUNGE AND FILE CORRECTED PATENT OWNER’S
`RESPONSE” was served in its entirety on April 25, 2014, upon the following
`parties via electronic mail:
`
`Counsel for Petitioner
`
`Daniel W. McDonald
`Andrew J. Lagatta
`Merchant & Gould
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`CardiocomIPR@merchantgould.com
`
`By:
`
`/James Maune/
`James Maune
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
