`
`BEFORE THE PATENT TRIAL AND APPEALS BOARD
`
`BROSE NORTH AMERICA, INC.
`and
`BROSE FAHRZEUGTEILE GMBH & CO. KG, HALLSTADT,
`Petitioners
`
`v.
`
`UUSI, LLC
`Patent Owner
`
`Case No. IPR2014-00417
`Patent No. 7,579,802
`
`PETITIONERS’ NOTICE OF PROPOSED MOTIONS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`An initial conference call is scheduled for September 4, 2014, at 1:00 PM
`
`(ET) among the Board, Petitioners Brose North America, Inc. and Brose
`
`Fahrzeugteile GmbH & Co. KG, Hallstadt (“Brose”), and Patent Owner UUSI,
`
`LLC (“UUSI”) (collectively, the “Parties”). Pursuant to the Office Patent Trial
`
`Practice Guide, 77 Fed. Reg. 48756, 48765–66 (Aug. 14, 2012), Brose hereby
`
`submits the following notice of proposed motions it may file in this IPR
`
`proceeding.
`
`Brose’s list is provided without prejudice to its right to seek authorization
`
`from the Board to file additional motions or decide not to file any of the listed
`
`motions. Brose requests that the Board permit it to submit an opposition to any
`
`motion(s) filed by UUSI.
`
`1. Motion to Submit Supplemental Information
`Brose seeks authorization to file a motion under 37 C.F.R. § 42.123(a) to
`
`submit supplemental information, viz.: (1) U.S. Patent No. 6,404,158; (2) U.S.
`
`Patent Pub. No. 2002/0121872; and (3) U.S. Patent Pub. No. 2002/0101210, all of
`
`which are related to the ’802 patent, identify UUSI as assignee, and are relevant to
`
`the construction of instituted claims of the ’802 patent.1 Patent owner does not
`
`oppose Brose’s motion.
`
`
`1 The one-month deadline under 37 C.F.R. 42.123 to seek authorization for this
`motion was waived by the Board, without patent owner objection, so that the
`request for authorization could be made during the September 4, 2014
`
`
`
`
`
`
`
`2. Motion to Permit Appearance of Additional Attorney on Pro Hac
`Vice Basis
`
`Brose seeks authorization to file a motion under 37 C.F.R. § 42.10(c)
`
`seeking to have its attorney Luke Dauchot, P.C. of Kirkland & Ellis LLP appear
`
`pro hac vice in this IPR proceeding.
`
`* * *
`
`Brose does not anticipate any additional motions at this time. Brose reserves
`
`its right to seek authorization from the Board to file motions as appropriate. See
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. at 48765 (“Submission of a list
`
`would not preclude the filing of additional motions not contained in the list.”).
`
`In addition, Brose notes that Webasto Roof Systems, Inc. (“Webasto”) has
`
`filed a motion to partially join its own petition regarding the ’802 patent with
`
`Brose’s petition. Webasto Roof Systems, Inc. v. UUSI, LLC, IPR2014-00650,
`
`Paper No. 11 (Aug. 29, 2014). Webasto’s petition relating to the ’802 patent
`
`addresses three claims that are not addressed in Brose’s petition—claims 11, 15,
`
`and 16. Brose was not involved in the preparation of Webasto’s petition, and does
`
`not believe it should be subject to estoppel should the Board issue a final written
`
`decision addressing claims that Brose did not address in its petition. As such,
`
`Brose is opposed to joinder absent clear and binding confirmation from UUSI and
`
`
`conference call. See Order on Conduct of Proceeding, Paper No. 14 (Aug. 27,
`2014).
`
`
`
`
`
`
`
`the Board that no estoppel shall attach to Brose or any of its affiliates or
`
`subsidiaries in connection with any determination as to any claims of the ’802
`
`patent that are added to this proceeding through joinder. Brose will be prepared to
`
`discuss Webasto’s request during the initial conference call.
`
`Respectfully submitted,
`
`/s/ Craig Leavell
`Craig Leavell (Reg. No. 48505)
`Alyse Wu (Reg. No. 68926)
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`P: 312-862-2000
`F: 312-862-2200
`craig.leavell@kirkland.com
`alyse.wu@kirkland.com
`
`Attorneys For Petitioners
`
`
`
`
`Date: September 2, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that a copy of
`
`the
`
`foregoing
`
`PETITIONERS’ NOTICE OF PROPOSED MOTIONS was served on
`
`September 9, 2014 via electronic mail upon the following:
`
`Monte L. Falcoff
`Michael R. Nye
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 Corporate Drive, Suite 200
`Troy, Michigan 48098
`plloyd@hdp.com
`mnye@hdp.com
`
`Attorneys for Patent Owner UUSI, LLC
`
`
`Respectfully submitted,
`
`/s/ Craig Leavell
`Craig Leavell (Reg. No. 48505)
`Alyse Wu (Reg. No. 68926)
`Attorneys For Petitioners
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
