`571-272-7822
`
`Paper 13
`Date: July 12, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`ARRIS GROUP, INC.
`Petitioner,
`
`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner.
`____________
`
`Case IPR2014-00746
`Patent 5,563,883
`____________
`
`
`
`
`Before MIRIAM L. QUINN, Administrative Patent Judge.
`
`
`QUINN, Administrative Patent Judge.
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`
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`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
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`
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`
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`IPR2014-00746
`Patent 5,563,883
`
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`
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`On June 10, 2014, Petitioner filed an unopposed motion seeking to correct a
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`clerical error concerning Exhibit 1009. Paper 7. According to its motion,
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`Petitioner erroneously filed as Exhibit 1009 the same document that was filed as
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`Exhibit 1005. Patent Owner was served with a corrected exhibit shortly after
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`discovering the error, and a corrected Exhibit 1009 was filed on May 15, 2014 as
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`“Ex. 1009 (Newton’s Dictionary Replacement).”
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`
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`The declaration of Mr. Andrew Sommer (Exhibit 1024) and the content of
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`the unopposed motion show that Petitioner’s error was unintentional and that
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`Patent Owner has not been prejudiced by the error. Therefore, Petitioner’s motion
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`is granted.
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`Accordingly, it is hereby:
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`Order
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`ORDERED that Petitioner’s Unopposed Motion to Expunge Originally-
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`
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`Filed Exhibit 1009 and Accept Replacement Exhibit 1009 (Paper 7) is granted;
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`ORDERED that the Exhibit 1009 filed on May 13, 2014 as “Ex.1009
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`(Newton Dictionary II)” be expunged from the record; and
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`
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`FURTHER ORDERED that the statutory deadline for filing Patent Owner’s
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`Preliminary Response is not altered by this Decision.
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`2
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`IPR2014-00746
`Patent 5,563,883
`
`
`PETITIONER:
`
`Andrew R. Sommer
`Jonathan E. Retsky
`WINSTON & STRAWN LLP
`asommer@winston.com
`jretsky@winston.com
`
`
`PATENT OWNER:
`Lewis Popovski
`Jeffrey Ginsberg
`David Kaplan
`David Cooperberg
`KENYON & KENYON LLP
`lpopovski@kenyon.com
`jginsberg@kenyon.com
`djkaplan@kenyon.com
`dcooperberg@kenyon.com
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`3
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