Atty Docket No. FABO-028/00US
`309101-2070
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`Patent Owner
`
`
`
`Case IPR2014-00093
`U.S. Patent No. 7,010,536
`
`
`
`MOTION TO CORRECT CLERICAL ERRORS
`(37 C.F.R. § 42.104(c))
`
`
`
`
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`
`
`309101-2070
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`Patent Owner
`
`
`
`Case IPR2014-00093
`U.S. Patent No. 7,010,536
`
`
`
`MOTION TO CORRECT CLERICAL ERRORS
`(37 C.F.R. § 42.104(c))
`
`
`
`
`
`
`
`
`
`Atty Docket No. FABO-028/00US
`309101-2070
`
`
`
`Petitioner Facebook, Inc. (“Facebook”) files the following Motion to Correct
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`Clerical Errors pursuant to 37 C.F.R. § 104(c) to correct Facebook’s Petition for
`
`Inter Partes Review of U.S. Patent No. 7,010,536 (“Petition”) to correct errors in
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`the numbering of certain exhibits to the Petition to conform with the exhibit
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`numbering guidelines provided in 37 C.F.R. § 42.63(c). This Motion proposes no
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`substantive changes to the Petition.
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`
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`No fee is believed to be required for consideration of this motion. Should
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`this be incorrect, the Patent Office is authorized to charge Deposit Account 50-
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`1283 for the necessary fee(s).
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`
`37 C.F.R. § 42.104(c) states:
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`Applicable Rule(s)
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`A motion may be filed that seeks to correct a clerical or typographical
`
`mistake in the petition. The grant of such a motion does not change
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`the filing date of the petition.
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`37 C.F.R. § 42.63(c) states:
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`Each party’s exhibits must be uniquely numbered sequentially in a
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`range the Board specifies. For the petitioner, the range is 1001–1999,
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`and for the patent owner, the range is 2001–2999.
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`1
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`Atty Docket No. FABO-028/00US
`309101-2070
`
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`Facts Relevant to this Motion
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`
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`1.
`
`On October 23, 2013, Facebook filed its Petition. The Petition
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`included exhibits numbered 1101-1105, rather than the exhibit ranges (i.e. 1001-
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`1005) provided in 37 C.F.R. § 42.63(c).
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`
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`2.
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`On October 30, 2013, the PTO afforded the Petition a filing date of
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`October 23, 2013.
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`3.
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`Facebook is attaching, herewith, copies of the same exhibits properly
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`numbered as Exhibits 1001 through Exhibit 1006. More specifically:
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`
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`a.
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`Attached as Exhibit 1001 is a true and correct copy of U.S.
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`Patent No. 7,010,536, including Certificate of Correction, which was originally
`
`filed as Exhibit 1101 to the Petition.
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`
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`
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`b.
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`Attached as Exhibit 1002 is a true and correct copy of U.S.
`
`Patent No. 6,016,478, which was originally filed as Exhibit 1102 to the Petition.
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`
`
`
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`c.
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`Attached as Exhibit 1003 is a true and correct copy of U.S.
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`Patent No. 5,737,416, which was originally filed as Exhibit 1103 to the Petition.
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`
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`
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`d.
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`Attached as Exhibit 1004 is a true and correct copy of U.S.
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`Patent No. 6,073,090, which was originally filed as Exhibit 1104 to the Petition.
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`
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`
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`e.
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`Attached as Exhibit 1005 is a true and correct copy of U.S.
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`Patent No. 6,496,793, which was originally filed as Exhibit 1105 to the Petition.
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`2
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`Atty Docket No. FABO-028/00US
`309101-2070
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`f.
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`Attached as Exhibit 1006 is a Corrected Petition for Inter
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`Partes Review of U.S. Patent No. 7,010,536. Exhibit 1006 corrects certain
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`references to exhibits in the Petition to conform to 37 C.F.R. § 42.63(c). Exhibit
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`1006 is otherwise identical to Paper 1.
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`Relief Requested
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`
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`By this motion, Facebook requests that the Petition be corrected as follows:
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`Facebook asks that the Petition (Paper 1) be replaced with Exhibit
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`1006 attached hereto.
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`Facebook asks that Exhibit 1101, filed with the Petition, be replaced
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`with Exhibit 1001 attached hereto.
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`Facebook asks that Exhibit 1102, filed with the Petition, be replaced
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`with Exhibit 1002 attached hereto.
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`Facebook asks that Exhibit 1103, filed with the Petition, be replaced
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`with Exhibit 1003 attached hereto.
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`Facebook asks that Exhibit 1104, filed with the Petition, be replaced
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`with Exhibit 1004 attached hereto.
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`Facebook asks that Exhibit 1105, filed with the Petition, be replaced
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`with Exhibit 1005 attached hereto.
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`
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`3
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`Atty Docket No. FABO-028/00US
`309101-2070
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`Discussion
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`
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`37 C.F.R. § 42.63(c) requires that exhibits to a petition for inter partes
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`review begin at 1001. The Petition, however, begins its numbering at 1101 and
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`cites them as such. (See, e.g., Paper 1 at p. iii (listing exhibits 1101-1103, 1004,
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`1105), and p. 11 (referring to “‘Zhang,’ Ex. 1102” (emphasis added)).) These
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`errors are purely clerical and were discovered upon reviewing the “Notice of Filing
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`Date Accorded to Petition and Time for Filing Patent Owner Preliminary
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`Response,” which reminded the parties to number exhibits sequentially in the
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`appropriate range. (Paper 4 at 2.) Facebook filed this motion without delay once
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`the exhibit numbering errors were discovered.
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`Accordingly, Facebook respectfully requests that this motion be granted.
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`
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`Dated: November 6, 2013
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`Respectfully submitted,
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Lead Counsel for Petitioner
`Facebook, Inc.
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`
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`By:
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`4
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`Atty Docket No. FABO-028/00US
`309101-2070
`
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`Certificate of Service
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`
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b), the undersigned certifies
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`that on November 6, 2013, a complete and entire copy of this Motion to Correct
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`Clerical Errors, including Exhibit Nos. 1001-1006, was served via FEDERAL
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`EXPRESS on the Patent Owner by serving the correspondence address of record as
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`follows:
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`
`
`Orrick, Herrington & Sutcliffe, LLP
`IP Prosecution Department
`2050 Main Street, Suite 1100
`Irvine CA 92614
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` courtesy copy was also served via FEDERAL EXPRESS on the Patent Owner at
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` A
`
`Evolutionary Intelligence, LLC
`c/o Gutride Safier LLP
`835 Douglass Street
`San Francisco CA 94114
`
`By:
`
`
`/Heidi Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`
`the following address:
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`
`
`
`
`
`
`
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`
`5
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