`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioners
`
`v.
`
`IPR LICENSING, INC.
`Patent Owner
`__________________
`
`Case IPR2014-00525
`U.S. Patent No.: 8,380,244
`
`_______________________________________________________________
`
`
`MOTION TO CORRECT CLERICAL ERRORS AND RESUBMIT
`EXHIBITS IN THE PETITION FOR INTER PARTES REVIEW
`
`Petitioners respectfully submit this motion under 37 C.F.R. 104(c) to correct
`
`clerical errors in the petition and resubmit two exhibits. The motion is supported
`
`by the contemporaneously filed Affidavit of Charles M. McMahon in support of
`
`the motion (“Affidavit”). Submitted concurrently with this motion are corrected
`
`Exhibit 1010 (337-TA-800 Comm’n Opinion (Public)), corrected Exhibit 1011
`
`(337-TA-800 ALJ’s Initial Determination (Public)), and a Second Corrected
`
`Petition. Corrected Exhibits 1010 and 1011 have been resubmitted because they
`
`
`
`COS for Transmittal Letter re Submission of Corrected Exhibits
`Attorney Docket No. 14569.0009
`
`were incorrectly captioned and one of the exhibits was inadvertently truncated.
`
`The Second Corrected Petition corrects a single citation to Exhibit 1011.
`
`On August 5, 2014, counsel for the parties received an email from the Trial
`
`Paralegal, Ms. Althea Wilburn, notifying Petitioner that the uploaded version of
`
`the exhibit labeled Exhibit 1010 (337-TA-800 Comm’n Opinion (Public)) had been
`
`truncated, and requesting that Petitioner resubmit the complete exhibit. Affidavit
`
`¶ 3. After investigating the truncated exhibit, counsel for Petitioners learned that
`
`the exhibit label for Exhibit 1010 (337-TA-800 Comm’n Opinion (Public) was
`
`mistakenly reversed with the label for Exhibit 1011 (337-TA-800 ALJ’s Initial
`
`Determination (Public)) and that a citation on page one of the Petition was
`
`incorrectly listed as Exhibit 1010 instead of Exhibit 1011. Affidavit ¶ 4.
`
`Pursuant to instructions subsequently received from the Trial Paralegal,
`
`counsel for Petitioners is filing and serving three items today: (1) the present
`
`Motion to Correct Clerical Errors along with a supporting affidavit; (2) the
`
`complete versions of Exhibit 1010 and 1011 with corrected labels; and (3) the
`
`Second Corrected Petition. Affidavit ¶ 6.
`
`To conform the numbering of these two exhibits with the Table of Exhibits
`
`and citations, Petitioner has resubmitted complete versions of Exhibit 1010 (337-
`
`TA-800 Comm’n Opinion (Public)) and Exhibit 1011 (337-TA-800 ALJ’s Initial
`
`Determination (Public)) with corrected labels. Affidavit ¶ 8. In addition,
`
`2
`
`
`
`COS for Transmittal Letter re Submission of Corrected Exhibits
`Attorney Docket No. 14569.0009
`
`Petitioner has submitted a Second Corrected Petition to correct the citation error on
`
`page one of the petition. Affidavit ¶ 7. No other changes were made to the
`
`Petition. Id.
`
`Neither the Patent Owner nor its counsel will be prejudiced by granting this
`
`motion to correct clerical errors. Counsel for Patent Owner was served complete,
`
`confidential versions of these publicly available documents in June and December
`
`of last year, long before this IPR was filed. Affidavit ¶ 9. In addition, the
`
`corrected petition contains no new arguments or evidence, makes no substantive
`
`changes to the petition, and corrects only a clerical error for the convenience of the
`
`Board and the parties. Affidavit ¶¶ 7-8. For the reasons stated above, Petitioner
`
`respectfully requests that this motion be granted.
`
`Dated: Aug. 6, 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
`
`
`
`COS for Transmittal Letter re Submission of Corrected Exhibits
`Attorney Docket No. 14569.0009
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing MOTION TO CORRECT
`
`CLERICAL ERRORS AND RESUBMIT EXHIBITS IN THE PETITION
`
`FOR INTER PARTES REVIEW along with corrected Exhibits 1010 and 1011
`
`have been served in their entirety on August 6, 2014, by electronic mail on 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
`
`/s/ Charles M. McMahon
`Charles M. McMahon
`
`1
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