`571-272-7822
`
`
`
`
`
`Paper No. 3
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`VIRGINIA INNOVATION SCIENCES, INC.
`Patent Owner
`____________
`
`Case IPR2013-00571
`Patent 8,135,398
`____________
`
`Mailed: September 10, 2013
`
`Before Lawrence J. Banks, Trial Paralegal.
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of September 5, 2013.
`
`
`
`Case IPR2013-00571
`Patent 8,135,398
`
`
`Administrative Patent Judge Brian J. McNamara has been designated
`to manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defect(s):
`1.) Claim Construction: Petitions must identify “[h]ow the challenged
`claim is to be construed.” 37 C.F.R. § 42.104(b)(3). In most cases, claim
`construction is an important step in the determination of whether the
`challenged claims are unpatentable over the cited prior art. In the instant
`petition no individual claim terms are given specific construction.
`2.) Improper usages of claim charts: Although claim charts are
`permitted, the purpose of claim charts is to assist petitioners to specify where
`each claim limitation is found in the prior art references relied upon. Claim
`charts should be presented in a readable manner and be free from attorney
`argument. Presenting claim limitations and prior art teachings in a
`confusing format without appropriate spacing between claims creates
`inefficiency and circumvents the 60-page limit set forth in 37 C.F.R. §
`42.24. Petitioner is encouraged to put claim limitations in a separate column
`from the prior art teachings.
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than one month from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`
`
`
`2
`
`
`
`Case IPR2013-00571
`Patent 8,135,398
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.” Any motion for pro hac
`vice admission filed by the parties shall also indicate that the person sought
`to be admitted will be subject to the USPTO Rules of Professional Conduct.
`See Changes to Representation of Others Before the United States Patent and
`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`May 3, 2013).
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Lawrence J. Banks at 2571-272-3450 or the Patent Trial and Appeal Board
`at 571-272-7822.
`
`
`
`3
`
`
`
`Case IPR2013-00571
`Patent 8,135,398
`
`PETITIONER:
`Joseph S. Presta
`Updeep S. Gill
`NIXON & VANDERHYE, P.C.
`901 Glebe Road
`11th Floor
`Arlington, VA 22203
`jsp@nixonvan.com
`usg@nixonvan.com
`
`PATENT OWNER:
`RADER FISHMAN & GRAUER PLLC
`Lion Building
`1233 20th Street, N.W., Suite 501
`Washington, DC 20036
`
`
`
`4
`
`
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