`571-272-7822
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`Paper No. 3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EIZO CORPORATION
`Petitioner
`
`v.
`
`TOM KIMPE and PAUL MATTHIJS
` Patent Owners
`____________
`
`Case IPR2014-00778
`Patent RE43,707E
`____________
`
`Mailed: June 11, 2014
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of May 20, 2014.
`Administrative Patent Judge James B. Arpin has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`
`
`
`Case IPR2014-00778
`Patent RE43,707E
`
`
`A review of the petition identified the following defects:
` Failure to provide power of attorney for back-up counsel.
`37 C.F.R. § 42.10(b).
`
` Failure to affix exhibit labels to the lower right corner of the
`first page of the exhibit. 37 C.F.R. § 42.63(d)(1), (2)(ii).
`
`
`
`
`
`
` Failure to sequentially number each page of the exhibits.
`37 C.F.R. § 42.63(d)(2)(i).
`
` Incorrect spacing in petition. Footnotes should be double-
`spaced. 37 C.F.R. § 42.6(a)(2)(iii).
`
`
` Improper usages of claim charts: The rules require that a
`petition identify how the challenged claims are to be
`construed and how the claims are unpatentable under the
`statutory grounds raised. This information is to be provided
`pursuant to the page limit requirements, which require
`double spacing. Additionally, the rules require that the
`petition specify where each element of a challenged claim is
`to be found in the prior art. The element by element
`showing may be provided in a claim chart, which is
`permitted to be written with single spacing. See 37 C.F.R
`§ 42.6(a)(2)(iii). Placing one's argument and claim
`construction in a claim chart to circumvent the double
`spacing requirement is not permitted.
`
`
`Petitioner must correct the defects within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defects may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owners may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
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`2
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`Case IPR2014-00778
`Patent RE43,707E
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`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owners may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owners are advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
`
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`3
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`Case IPR2014-00778
`Patent RE43,707E
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`PETITIONER:
`
`Marc K. Weinstein
`Joseph Milowic
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`marcweinstein@quinnemanuel.com
`josephmilowic@quinnemanuel.com
`
`PATENT OWNERS:
`
`Kerry T. Hartman
`HARTMAN PATENTS PLLC
`3399 Flint Hill Pl.
`Woodbridge, VA 22192
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