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`434821US
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`———————————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————————
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`UNIFIED PATENTS INC.
`Petitioner
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`v.
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`DRAGON INTELLECTUAL PROPERTY, LLC.
`Patent Owner
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`_________________
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`Case IPR2014-01252
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`Patent No. 5,930,444
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`_________________
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`UNOPPOSED MOTION FOR SUPPLEMENTAL INFORMATION
`PURSUANT TO 37 C.F.R. §42.123
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`Case IPR2014-01252
`Motion for Supplemental Information
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` Petitioner, Unified Patents Inc. (“Unified”), hereby requests permission to
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`submit supplemental information in IPR2014-01252 pursuant to 37 C.F.R. §
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`42.123(a). Petitioner’s authorization to file this unopposed motion was given by
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`the Board via email on March 10, 2015.
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`I.
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`Unified’s Motion Complies With the Rules
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`Unified submits that the present motion complies with the requirements of
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`37 C.F.R. § 42.123(a), which requires that (1) the “request for the authorization to
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`file a motion to submit supplemental information is made within one month of the
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`date the trial is instituted,” and (2) the “supplemental information must be relevant
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`to a claim for which the trial has been instituted.”
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`Here, the Board instituted the above-identified inter partes review (“IPR”)
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`on February 12, 2015. Unified requested the Board’s authorization to file this
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`motion on March 3, 2015, and this motion is being filed within one month of the
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`date trial was instituted.
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`In its institution decision, the Board found that Unified had demonstrated a
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`reasonable likelihood that it would prevail on its challenge of claims 1, 2, 7, 8, 10,
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`13, and 14 of U.S. Patent No. 5,930,444 (“the ’444 patent”) as obvious in view of
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`PCT Publication WO 89/12896 (“Ulmer,” Ex. 1002) and U.S. Patent No.
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`5,241,428 (“Goldwasser,” Ex. 1003). As Unified now seeks to supplement Ex.
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`1002, the supplemental information is relevant to claims for which trial has been
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`1
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`Case IPR2014-01252
`Motion for Supplemental Information
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`instituted.
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`II. The Requested Supplemental Information
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`The present IPR refers to and relies on Ex. 1002 for rendering unpatentable
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`claims 1, 2, 7, 8, 10, 13, and 14 of the ’444 patent. Exhibit 1002 contains the
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`original French language version of Ulmer as well as an English translation of
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`Ulmer. Page 11 of Exhibit 1002 also includes a certification of the translation of
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`the French language version of Ulmer to English. Unified, however, recently
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`noticed that this translation certification did not include some of the formalities of
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`a declaration, as required under 37 C.F.R. § 1.68. Specifically, the certification did
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`not contain a statement that the declarant was warned that “willful false statements
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`and the like are punishable by fine or imprisonment, or both” under 18 U.S.C. §
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`1001.
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`To comply with the literal requirements of 37 C.F.R. § 1.68, Unified
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`presents the attached Ex. 1018 with an updated translation certificate to
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`supplement and replace Ex. 1002. No other changes to Ex. 1002 are made. In
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`other words, Ex. 1018 does not change the translation provided in Exhibit 1002
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`and does not affect the grounds of unpatentability authorized in this proceeding in
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`any way. See Taiwan Semiconductor Mfg. Co., Ltd. v. DSS Tec. Mgmt., Inc.,
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`IPR2014-01030, Paper 11 at 3 (Feb. 3, 2015) (granting a motion to submit a
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`supplemental affidavit for a translation because the supplemental information did
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`2
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`Case IPR2014-01252
`Motion for Supplemental Information
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`not change the grounds of unpatentability or the evidence initially presented in the
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`petition).
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`III. Conclusion
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`This motion for supplemental information (1) was filed within one month of
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`institution, (2) is relevant to claims for which trial has been instituted, (3) does not
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`change the evidence presented by Unified in its Petition, and (4) does not change
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`the grounds of unpatentability. Accordingly, Unified respectfully requests that this
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`Board grant Unified’s motion to supplement and replace Exhibit 1002 with Exhibit
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`1018.
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`Dated: March 12, 2015
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`Respectfully submitted,
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`OBLON LLP
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`/Michael L. Kiklis/
`Michael L. Kiklis
`Reg. No. 38,939
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a true copy of the foregoing UNOPPOSED
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`MOTION FOR SUPPLEMENTAL INFORMATION PURSUANT TO 37
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`C.F.R. §42.123 AND EXHIBIT 1018 were served on counsel for the Patent
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`Owner, on this 12th
` day of March, by sending same via e-mail, to:
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`Jason Angell
`FREITAS ANGELL & WEINBERG LLP
`350 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`DragonIPR@fawlaw.com
`jangell@fawlaw.com
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`/Michael L. Kiklis/
`By:
`Michael L. Kiklis
`OBLON, MCCLELLAND, MAIER &
`NEUSTADT, L.L.P.
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
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`Dated: March 12, 2015
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