IPR2014-00108
`U.S. Patent No. 7,151,027
`
`
`
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`MACRONIX INTERNATIONAL CO., LTD., MACRONIX ASIA LIMITED,
`MACRONIX (HONG KONG) CO., LTD. and MACRONIX AMERICA, INC.
`Petitioners
`
`v.
`
`SPANSION LLC
`Patent Owner
`
`___________________________________
`
`Case No. IPR2014-00108
`Patent Number 7,151,027
`
`Before KRISTEN L. DROESCH, JUSTIN T. ARBES, and
`RICHARD E. RICE, Administrative Patent Judges.
`
`
`
`PATENT OWNER’S UNOPPOSED
`MOTION TO ACCEPT FILING DATE OF
`FEBRUARY 19, 2014 FOR
`PATENT OWNER PRELIMINARY RESPONSE
`AND RELATED EXHIBIT
`
`
`
`
`
`
`U.S. Patent No. 7,151,027
`
`
`
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`MACRONIX INTERNATIONAL CO., LTD., MACRONIX ASIA LIMITED,
`MACRONIX (HONG KONG) CO., LTD. and MACRONIX AMERICA, INC.
`Petitioners
`
`v.
`
`SPANSION LLC
`Patent Owner
`
`___________________________________
`
`Case No. IPR2014-00108
`Patent Number 7,151,027
`
`Before KRISTEN L. DROESCH, JUSTIN T. ARBES, and
`RICHARD E. RICE, Administrative Patent Judges.
`
`
`
`PATENT OWNER’S UNOPPOSED
`MOTION TO ACCEPT FILING DATE OF
`FEBRUARY 19, 2014 FOR
`PATENT OWNER PRELIMINARY RESPONSE
`AND RELATED EXHIBIT
`
`
`
`
`
`
`
`IPR2014-00108
`U.S. Patent No. 7,151,027
`
`
`
`Patent Owner Spansion LLC submits this Unopposed Motion to Accept Filing
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`Date of February 19, 2014 for Patent Owner’s Preliminary Response and Related
`
`Exhibit pursuant to 37 CFR § 42.6(b)(2)(i). (No fee is believed to be required for
`
`consideration of this motion. The Office is authorized to charge any fee deficiency, or
`
`credit any overpayment, to Deposit Acct. No. 181945.)
`
`Facts Relevant to this Motion
`
`1. On February 19, 2014, counsel for Patent Owner attempted to file Patent
`
`Owner’s Preliminary Response and related Exhibit in the above-captioned
`
`matter, as well as in three other matters involving the same parties, through the
`
`Patent Review Processing System (PRPS).
`
`2. As of approximately 10:50pm on February 19, 2014, PRPS became unavailable
`
`and remained unavailable until after 12 midnight. An image of the
`
`error/maintenance screen provided by PRPS at that time is excerpted below:
`
`
`
`1
`
`
`
`IPR2014-00108
`U.S. Patent No. 7,151,027
`
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`
`3. On February 19, 2014, pursuant to instructions provided by the Board
`
`regarding submission procedures in the event PRPS is unavailable, found at
`
`http://www.uspto.gov/ip/boards/bpai/prps.jsp (“PRPS Frequently Asked
`
`Questions”), counsel for Patent Owner (copying counsel for Petitioner)
`
`submitted Patent Owner’s Preliminary Response and related Exhibit via the
`
`Board’s email address, trials@uspto.gov, and requested the Board’s assistance
`
`in having these materials appropriately posted to the PRPS docket.
`
`4. Counsel for Patent Owner effected service of the Patent Owner Preliminary
`
`Response and related Exhibit on counsel for Petitioners on February 19, 2014.
`
`5. On February 20, 2014, the Patent Trial and Appeal Board Paralegal Operations
`
`Manager responded to Patent Owner’s emails, directing counsel for Patent
`2
`
`
`
`
`
`IPR2014-00108
`U.S. Patent No. 7,151,027
`
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`Owner to file, on February 20, 2014, the documents submitted by email, as well
`
`as a short Motion to Accept the Filing Date of February 19, 2014.
`
`Relief Requested
`
`By this motion, Patent Owner respectfully requests that the Patent Owner Preliminary
`
`Response and related Exhibit (No. 2001) sent to the Board and to counsel for
`
`Petitioners by email on February 19, 2014 (and which are being resubmitted today via
`
`PRPS) be accorded the filing date of February 19, 2014, the date they were sent by
`
`email to the Board and counsel for Petitioners. Counsel for Petitioners has indicated
`
`that Petitioners do not oppose this motion.
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`February 20, 2014
`
`By: /J. Steven Baughman/
`Gabrielle E. Higgins (Backup Counsel)
`J. Steven Baughman (Lead Counsel)
`Reg. No. 38,916
`Reg. No. 47,414
`ROPES & GRAY LLP
`ROPES & GRAY LLP
`1900 University Avenue – Suite 600
`One Metro Center, 700 12th St. – Ste. 900
`East Palo Alto, CA 94303
`Washington, DC 20005-3948
`P: 650-617-4000 /F: 650-617-4090
`P: 202-508-4606 / F: 202-383-8371
`steven.baughman@ropesgray.com
`gabrielle.higgins@ropesgray.com
`
`Mailing address for all PTAB correspondence: ROPES & GRAY LLP
`IPRM – Floor 43, Prudential Tower, 800 Boylston Street, Boston, MA 02199-3600
`
`Attorneys for Patent Owner, Spansion LLC
`
`
`
`
`
`
`
`3
`
`
`
`IPR2014-00108
`U.S. Patent No. 7,151,027
`
`
`
`
`
` Attorney Docket No.
` 110900-0004-656
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a copy of the following documents has
`
`been served in its entirety by filing aforementioned documents through the Patent
`
`Review Processing System, as well as by causing the aforementioned documents to be
`
`electronically mailed, pursuant to the Petitioner and Patent Owner’s agreement, to the
`
`following attorneys of record for the Petitioner listed below:
`
`1.
`
`Patent Owner’s Unopposed Motion to Accept Filing Date of February 19,
`
`2014 for Patent Owner’s Preliminary Response and Related Exhibit
`
`
`Petitioner’s
`Counsel of Record:
`
`
`
`
`Michael M. Murray (mmurray@winston.com)
`Michael J. Scheer (mscheer@winston.com)
`Bryan N. DeMatteo (bdematteo@winston.com)
`WINSTON & STRAWN LLP
`200 Park Ave.
`New York, NY 10166
`Andrew R. Sommer (ASommer@winston.com)
`Vivian S. Kuo (VKuo@winston.com)
`WINSTON & STRAWN LLP
`1700 K Street, N.W.
`Washington, DC 20006-3817
`
`
`Dated:
`
`February 20, 2014
`
`/Jordan M. Rossen/
`
`
`
`
`
`ROPES & GRAY LLP
`
`4
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