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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`PRINTING INDUSTRIES OF AMERICA
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`Petitioner
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`v.
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`CTP INNOVATIONS, LLC
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`Patent Owner
`
`U.S. Patent No. 6,611,349 to Vogt et aI.
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`IPR Trial No. 2013—00474
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`NOTICE OF DEFECTIVE CERTIFICATE OF SERVICE
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`OF CTP INNOVATIONS, LLC’S
`PRELIMINARY RESPONSE TO PETITION
`
`John M. Adams
`
`(Lead Counsel)
`
`Reg. No. 26,697
`Price & Adams, P.C.
`4135 Brownsville Road
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`P.O. Box 98127
`
`Pittsburgh, PA
`Telephone No.
`Facsimile No.
`
`15227—0127
`(412)882M717O
`(412)884w6650
`
`Email:
`
`paip.law@verizon.net
`
`Lawrence G. Zurawsky (Back—up Counsel)
`
`Reg. No. 22,776
`Zurawsky & Associates
`429 Forbes Avenue, Suite 600
`
`PA
`Pittsburgh,
`Telephone No.
`Facsimile No.
`
`15219
`(412)281m7766
`{412)281m7769
`
`Email:
`
`szurawsky@aol.com
`
`
`
`Petitioner, Printing Industries of America (“Petitioner”)
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`brings to the Board’s attention the failure of Patent Owner, CTP
`
`Innovations, LLC (“Patent Owner”)
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`to serve its Preliminary
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`Response to Petitioner’s Petition for Inter Partes Review of
`
`0.8. Patent No. 6,611,349 (“the ‘349 Patent”)
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`in conformance
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`with the Certificate of Service that was filed with the
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`Preliminary Response to Petition.
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`On October 4, 2013, Patent Owner filed its Preliminary
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`Response to Petitioner’s Petition for Inter Partes Review
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`(“Preliminary Response”) of the ‘349 patent.
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`The Certificate of
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`Service that was filed with the Preliminary Response indicated
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`that the Preliminary Response was served on October 4, 2013 in
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`its entirety by U.S. Express Mail, postage prepaid, and
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`electronic mail upon Petitioner’s Lead Counsel and Back—up
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`Counsel.
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`A copy of the Certificate of Service attached to
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`Patent Owner’s Preliminary Response is attached hereto as
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`Exhibit 1116.
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`The Certificate of Service was electronically
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`executed by Patent Owner’s Lead Counsel W. Edward Ramage.
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`Petitioner’s Lead Counsel and Back—up Counsel did not
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`receive Patent Owner’s Preliminary Response in accordance with
`
`the Certificate of Service.
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`Lead Counsel received a copy of the
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`Preliminary Response by U.S. Priority Mail on October 12, 2013.
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`A copy of the front of the envelope containing the Preliminary
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`
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`Response addressed to and received by Petitioner’s Lead Counsel
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`is attached hereto as Exhibit 1117.
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`The metered postage on the
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`envelope indicates that it was posted in Nashville, Tennessee on
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`October 9, 2013 by priority mail.
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`Petitioner’s Backnup Counsel received a copy or Patent
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`Owner’s Preliminary Response on October ll, 2013 by U.S.
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`Priority Mail.
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`A copy of the front of the envelope containing
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`the Preliminary Response addressed to and received by-
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`Petitioner’s Back—up Counsel is attached hereto as Exhibit 1118.
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`The metered postage on the envelope indicates that it was posted
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`in Nashville, Tennessee on October 9, 2013 by priority mail.
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`Notwithstanding the fact that Petitioner’s Lead Counsel and
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`Back—up Counsel received a copy of Patent Owner’s Preliminary
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`Response, Patent Owner did not execute service on the date nor
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`in the manner of delivery as indicated on the Certificate of
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`Service.
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`The Preliminary Response was not served on October 4,
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`2013 via U.S. Express Mail and electronic mail, as evidenced by
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`Exhibits 1117 and 1118.
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`
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`Accordingly, Petitioner requests that the Board take notice
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`of Patent Owner’s failure to serve upon Petitioner’s counsel
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`the
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`Preliminary Response in accordance with the Certificate of
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`Service attached to the Preliminary Response and take whatever
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`action is deemed appropriate against Patent Owner.
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`Dated: December 3, 2013
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`Respectfully submitted,
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`-RICE 5c ADAMS
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`By:/s/John M. Adams
`John M. Adams
`
`Registration No. 26,697
`Price & Adams, P.C.
`4135 Brownsville Road
`
`9.0. BOX 98127
`
`Pittsburgh,
`
`PA
`
`15227
`
`Telephone No.
`Facsimile No.
`
`(412)882—7170
`(412)884—6650
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`Counsel for Petitioner,
`
`Printing Industries of
`America
`
`
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on December 3, 2013
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`the foregoing Notice of Defective Certificate of Service of CTP
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`Innovations, LLC’s Preliminary Response to Petition was served
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`in its entirety via First Class, U:S. Mail upon the following:
`
`W. Edward Ramage(Lead Counsel)
`Baker, Donelson, Bearman,
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`Caldwell & Berkowitz, P.C.
`Baker Donelson Center
`
`211 Commerce Street, Suite 800
`Nashville, Tennessee 37201
`
`Samuel F. Miller(Backwup Counsel)
`Baker, Donelson, Bearman,
`Caldwell
`& Berkowitz, P.C.
`Baker Donelson Center
`
`211 Commerce Street, Suite 800
`Nashville, Tennessee 37201
`
`eramage@bakerdonelson.com
`Email:
`smiller@bakerdonelson.com
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`Dated: December 3, 2013
`
`
`Byz/s/John M. Adams
`John M. Adams
`
`Registration No. 26,697
`
`