`Tel: 571-272-7822
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`Paper 18
`Entered: December 23, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MERCEDES-BENZ USA, LLC and MERCEDES-BENZ U.S.
`INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`VELOCITY PATENT LLC,
`Patent Owner.
`____________
`
` IPR2014-01247
`Patent 5,954,781
`____________
`
`Before JAMESON LEE, GLENN J. PERRY, and
`PETER P. CHEN, Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`
`
`ORDER
` Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2014-01247
`Patent 5,954,781
`
`
`
`
`Our order of December 19, 2014 (Paper 16) (the “Order”), authorized
`Patent Owner to file a request to cancel claims 31 and 32 of U.S. Patent No.
`5,954,781, and not to (1) argue the effects of having filed a statutory
`disclaimer, (2) attempt to limit the Board’s reasoning for granting a request
`to cancel claims, or (3) brief the estoppel effects of the requested
`cancellation. Patent Owner’s filing dated December 22, 2014 (Paper 17) is
`not in compliance with the Order. Accordingly, Paper 17 is unauthorized. It
`is noted that this is the second time Patent Owner has filed an unauthorized
`paper not complying with a Board order. Further filing of unauthorized
`papers may lead to imposition of sanctions under 37 C.F.R. § 42.12.
`It is
`ORDERED that the Paper 17 is unauthorized and will be expunged;
`
`and
`FURTHER ORDERED that if Patent Owner chooses not to file the
`
`authorized request to cancel claims 31 and 32, by December 29, 2014, the
`issues raised by Petitioner in the conference call of December 12, 2014, may
`need to be revisited in another joint conference call.
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`2
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`IPR2014-01247
`Patent 5,954,781
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`PETITIONER:
`
`Celine Jimenez Crowson
`celine.crowson@hoganlovells.com
`
`Joseph Raffetto
`joseph.raffetto@hoganlovells.com
`
`Raymond Kurz
`raymond.kurz@hoganlovells.com
`
`PATENT OWNER:
`
`Patrick Richards
`patrick@richardspatentlaw.com
`
`Howard Levin
`hlevin@mavllp.com
`
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`3
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