`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 9
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` Entered: January 31, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`SAMSUNG
`Petitioner
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`v.
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`ARENDI S.A.R.L.
`Patent Owner
`_______________
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`Case IPR2014-00214
`Patent 8,306,993
`_______________
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`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and PETER P. CHEN,
`Administrative Patent Judges.
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`MEDLEY, Administrative Patent Judge.
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`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
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`On January 27, 2014, a conference call was held between counsel for the
`respective parties and Judges Medley, Jefferson, and Chen. Petitioner requested
`the conference call to confer regarding Patent Owner’s late mandatory notices
`submission.
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`
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`IPR2014-00214
`Patent 8,306,993
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`A patent owner must file its mandatory notices within 21 days of service of
`the petition. 37 C.F.R. § 42.8. Patent Owner filed its mandatory notices several
`weeks beyond the due date. A late action will be excused on a showing of good
`cause or upon a Board decision that consideration on the merits would be in the
`interests of justice. 37 C.F.R. § 42.5(c)(3).
`Counsel for Patent Owner explained that his client did not determine who
`would represent it in the instant proceeding until after the deadline for filing
`mandatory notices. Counsel for Patent Owner further explained that he had
`contacted Board personnel and explained why the submission would be late and
`inquired whether he should file a motion. According to counsel, Board personnel
`instructed him to file the notice and that no motion was necessary.1 Based on the
`facts presented, Patent Owner has shown good cause for excusing the late action.
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`1 As explained during the call, Patent Owner should have indicated in its
`mandatory notice paper that the Board permitted the late filing.
`2
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`IPR2014-00214
`Patent 8,306,993
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`PETITIONER:
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`Andrea Reister
`Gregory Discher
`Covington & Burling LLP
`areister@cov.com
`gdischer@cov.com
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`PATENT OWNER:
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`Robert Asher
`Bruce Sunstein
`Sunstein Kann Murphy & Timbers LLP
`rasher@sunsteinlaw.com
`bsunstein@sunsteinlaw.com
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`3
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