`571-272-7822
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`Paper No. 3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MERCEDES-BENZ USA, LLC
`and MERCEDES-BENZ U.S. INTERNATIONAL, INC.
`Petitioner,
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`v.
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`VELOCITY PATENT, LCC
`Patent Owner.
`____________
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`Case IPR2014-01247
`Patent 5,954,781
`____________
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`Mailed: August 14, 2014
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`Before Amy Kattula, Trial Paralegal
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`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
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`The petition for inter partes review patent review in the above
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`proceeding has been accorded the filing date of August 4, 2014.
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`Case IPR2014-01247
`Patent 5,954,781
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`A review of the petition identified the following defect(s):
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`Claim charts: Claim charts should only be used to provide an element-
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`by-element showing as to how the prior art teaches the limitations of a claim
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`(e.g., citations to a prior art reference, quotations from a prior art reference).
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`Claim charts may not include arguments, claim construction, statements of
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`the law, or detailed explanations as to why a claim limitation is taught or
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`rendered obvious by the prior art. A mere citation to an expert declaration
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`(e.g., “See Ex. 1015 ¶ 29”) in a claim chart is permissible, but anything more
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`than a mere citation is improper.
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`Spacing: The document must be double-spaced throughout, with the
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`exception of claim charts. The footnotes must be reformatted.
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`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
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`from this notice. Failure to correct the defect(s) may result in an order to
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`show cause as to why the Board should institute the trial. No substantive
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`changes (e.g., new grounds) may be made to the petition.
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`Patent Owner may file a preliminary response to the petition no later
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`than three months from the date of this notice. The preliminary response is
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`limited to setting forth the reasons why the requested review should not be
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`instituted. Patent Owner may also file an election to waive the preliminary
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`response to expedite the proceeding. For more information, please consult
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`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
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`which is available on the Board Web site at http://www.uspto.gov/PTAB.
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`Patent Owner is advised of the requirement to submit mandatory
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`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
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`the petition.
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`2
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`Case IPR2014-01247
`Patent 5,954,781
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`The parties are encouraged to use the heading on the first page of this
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`Notice for all future filings in the proceeding.
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
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`counsel pro hac vice requires a showing of good cause. The parties are
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`authorized to file motions for pro hac vice admission under 37 C.F.R.
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`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
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`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
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`Paper 7, a copy of which is available on the Board Web site under
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`“Representative Orders, Decisions, and Notices.”
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`The parties are reminded that unless otherwise permitted by 37 C.F.R.
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`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
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`Patent Review Processing System (PRPS), accessible from the Board Web
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`site at http://www.uspto.gov/PTAB.
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`If there are any questions pertaining to this notice, please contact
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`Amy Kattula at 571-272-5826 or the Patent Trial and Appeal Board at
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`571-272-7822.
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`3
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`Case IPR2014-01247
`Patent 5,954,781
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`PETITIONER:
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`Celine Crowson
`Celine.crowson@hoganlovells.com
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`Joseph Raffetto
`Joseph.raffetto@hoganlovells.com
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`Raymond Kurz
`Raymond.kurz@hoganlovells.com
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`PATENT OWNER:
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`Richards Patent Law, PC
`233 S. Wacker Drive
`84th Floor
`Chicago, IL 60606
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`4
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