`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioners
`
`v.
`
`INTERDIGITAL TECHNOLOGY CORPORATION
`Patent Owner
`__________________
`
`Case IPR2014-00525
`U.S. Patent No.: 8,380,244
`
`_______________________________________________________________
`
`
`MOTION TO CORRECT CLERICAL ERRORS IN PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,380,244
`
`Petitioners respectfully submit this motion to correct clerical errors
`
`identified in the Notice of Filing Date Accorded to Petition and Time for Filing
`
`Patent Owner Preliminary Response that issued on April 2, 2014 (“Notice”). The
`
`motion is supported by the contemporaneously filed Affidavit of Charles M.
`
`McMahon in Support of Motion to Correct Clerical Errors in Petition for Inter
`
`Partes Review of U.S. Patent No. 8,380,244 (“Affidavit”).
`
`On March 21, 2014, Petitioners filed a petition for inter partes review of
`
`
`
`Motion to Correct Clerical Errors in Petition for Inter Partes Review
`Attorney Docket No. 14569.0009
`
`U.S. Patent No. 8,380,244. (Affidavit, ¶ 3.) On April 2, 2013, counsel for
`
`Petitioners received an email message from the Patent Review Processing System
`
`(“PRPS”), which was captioned “Petition Verification” and indicated that “[t]he
`
`Petition has been verified and has been accorded a filing date” of March 21, 2014.
`
`The email message did not indicate, and counsel for Petitioners was unaware, that
`
`other substantive information had become available on PRPS in connection with
`
`the Notice. (Affidavit ¶ 4.)
`
`On April 28, 2014, as part of a routine procedure for downloading PRPS
`
`filings, a paralegal at Brinks, Gilson, & Lione downloaded, but did not circulate,
`
`the detailed Notice. Neither the paralegal nor anyone else at Brinks, Gilson, &
`
`Lione reviewed the notice until May 14, 2014. (Affidavit ¶ 6.)
`
`Late in the afternoon on Wednesday, May 14, 2014, counsel for Petitioners
`
`learned for the first time the Notice contained more detailed information that the
`
`email message received on April 2, 2014. (Affidavit ¶ 7.) The Notice requested
`
`that petitioner correct certain clerical errors within five business days. The clerical
`
`errors included a single-spaced block quotation in the text of the petition and the
`
`omission of certain identifying labels on the exhibits. (Affidavit ¶ 8.)
`
`Early on the morning of Thursday, May 15, 2014, counsel for Petitioners
`
`contacted the Trial Paralegal assigned to this case to discuss the appropriate
`
`procedure for filing a corrected petition. (Affidavit, ¶ 9.)
`
`2
`
`
`
`Motion to Correct Clerical Errors in Petition for Inter Partes Review
`Attorney Docket No. 14569.0009
`
`Pursuant to the instructions received from the Trial Paralegal, counsel for
`
`Petitioners is filing three items using PRPS today: (1) a motion to correct clerical
`
`errors; (2) an affidavit supporting the motion; and (3) the corrected petition.
`
`(Affidavit, ¶ 10.)
`
`Neither the Patent Owner nor its counsel will be prejudiced by the granting
`
`of this motion. They have been aware of this proceeding since around March 21,
`
`2014, when Petitioners served them with a copy of the original petition and
`
`exhibits. On April 11, 2014, counsel for the Patent Owner entered an appearance
`
`in this proceeding. The Patent Owner’s response to the Petition is due on June 21,
`
`2014. Because the corrected petition contains no new arguments or evidence,
`
`makes no substantive changes to the petition, and corrects only clerical errors, it
`
`will not materially prejudice the Patent Owner or its counsel in any way
`
`Dated: May 19, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`/Charles M. McMahon/
`Charles M. McMahon
`Registration No. 44,926
`Attorney for Petitioners ZTE
`Corporation and ZTE (USA) Inc.
`Brinks Gilson & Lione
`NBC Tower, Suite 3600
`455 North Cityfront Plaza Drive
`Chicago, IL 60611-5599
`Telephone: (312) 321-4200
`Fax: (312) 321-4299
`
`3
`
`
`
`Motion to Correct Clerical Errors in Petition for Inter Partes Review
`Attorney Docket No. 14569.0009
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing Motion to Correct
`
`Clerical Errors in Petition for Inter Partes Review of U.S. Patent No.
`
`8,380,244 was served on May 19, 2014, by electronic mail upon the
`
`following counsel of record for Patent Owner IPR Licensing, Inc.:
`
`Lead Counsel
`Jonathan D. Link
`Reg. No. 41,548
`Latham & Watkins LLP
`555 11th Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`
`
`Backup Counsel
`Julie M. Holloway
`Reg. No. 44,769
`Latham & Watkins LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, California 94111-
`6538
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`E-mail: julie.holloway@lw.com
`
`/Charles M. McMahon/
`Charles M. McMahon
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