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`_____________________
`
`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
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`
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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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`Robert Bosch Healthcare Systems, Inc. (“Patent Owner”) respectfully: (1)
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`requests the Board expunge Patent Owner’s Response, Paper 36, filed on April 1,
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`2014, from the record; and (2) files in its place a Corrected Patent Owner’s
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`Response.
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`II.
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`STATEMENT OF MATERIAL FACTS
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`1.
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`Patent Owner filed its Response to the Petition and related
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`Exhibits on April 1, 2014.
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`2.
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`Shortly after filing, Patent Owner noticed a clerical error in the
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`Patent Owner’s Response.
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`3.
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`Patent Owner contacted Counsel for Petitioner informing them
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`of the error. Counsel for Petitioner stated that they would not oppose the
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`present Motion.
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`4.
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`On April 18, 2014, the Patent Owner emailed the Board,
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`requesting authorization to file this Unopposed Motion to Expunge and File
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`a Corrected Patent Owner’s Response.
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`5.
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`On April 21, 2014, the Board authorized such a filing in an
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`email to Don Daybell, the lead counsel for Patent Owner.
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`1
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`6.
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`Patent Owner submits herewith, as an attachment to the
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`present Motion, the Corrected Patent Owner’s Response for filing into the
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`record should the Board grant the present Motion.
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`7.
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`Patent Owner certifies that the Corrected Patent Owner’s
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`Response only replaces an incorrect citation to IPR2014-00488 with the
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`correct citation to IPR2014-00436.
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`III.
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`STATEMENT OF THE REASONS FOR RELIEF REQUESTED
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`Patent Owner files the present Motion in accordance with the Board’s email
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`authorization dated April 21, 2014. The Corrected Patent Owner’s Response
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`serves to clarify and complete the record before the Board and does not introduce
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`new material into the proceeding. For the foregoing reason, Patent Owner
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`respectfully: (1) requests that the Board expunge the Patent Owner’s Response,
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`Paper 36 from the record; and (2) files in its place the Corrected Patent Owner’s
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`Response.
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`Dated: April 25, 2014
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`Respectfully submitted,
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`
`By: /Don Daybell/
`Don Daybell, Reg. No. 50,877
`Attorney for Patent Owner Robert Bosch
`Healthcare Systems, Inc.
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`2
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`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
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`3
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`