`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
`____________
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`CARDIOCOM, LLC
`Petitioner
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`v.
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`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`____________
`
`Case IPR2013-00468
`Patent 7,516,192
`____________
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`UNOPPOSED MOTION TO EXPUNGE AND FILE
`CORRECTED PETITIONER’S REPLY TO PATENT OWNER’S
`RESPONSE WITH RESPECT TO U.S. PATENT NO. 7,516,192
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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
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`Petitioner’s Reply To Patent Owner’s Response With Respect To U.S. Patent No.
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`7,516,192 (“Petitioner’s Reply”), Paper 46, filed on June 10, 2014, from the
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`record; and (2) files in its place a Corrected Petitioner’s Reply.
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`II. STATEMENT OF MATERIAL FACTS
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`1.
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`Petitioner filed its Petitioner’s Reply and related Exhibits on June 10,
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`2014.
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`2.
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`3.
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`A clerical error in Petitioner’s Reply was identified after it was filed.
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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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`Petitioner’s Reply To Patent Owner’s Response With Respect To U.S. Patent No.
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`7,516,192.
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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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`1
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`the Corrected Petitioner’s Reply To Patent Owner’s Response With Respect To
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`U.S. Patent No. 7,516,192 (“Corrected Petitioner’s Reply”) 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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`Petitioner certifies that the Corrected Petitioner’s Reply only replaces
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`an incorrect citation to “Id.” with the correct citation to “David Dep.”
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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 Petitioner’s Reply 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 Petitioner’s Reply, Paper 46 from the record; and (2) files in
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`its place the Corrected Petitioner’s Reply.
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`Date: July 15, 2014
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`
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`Respectfully submitted,
`MERCHANT & GOULD P.C.
`
` /Daniel W. McDonald/
`
`Daniel W. McDonald, Reg. No. 32,044
`Attorneys for Petitioner Cardiocom, LLC
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`2
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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 CORRECTED
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`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE WITH
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`RESPECT TO U.S. PATENT NO. 7,516,192 has been served on July 15, 2014,
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`by email on counsel of record for the patent owner at the following name and
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`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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`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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