`571-272-7822
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`Paper 10
`Entered: February 24, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NESTLÉ HEALTHCARE NUTRITION, INC.,
`Petitioner,
`
`v.
`
`STEUBEN FOODS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00023 (Patent 6,536,188)
`Case IPR2015-00094 (Patent 6,209,591)
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)1
`
`____________
`
`Before MICHAEL P. TIERNEY, PHILLIP J. KAUFFMAN,
`JAMES P. CALVE, BEVERLY M. BUNTING, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge
`
`
`
`1 This order addresses issues that are the same in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers. The panels assigned to these cases varies and is not altered by this
`order.
`
`
`
`1
`
`
`
`Case IPR2015-00023 (Patent 6,536,188)
`Case IPR2015-00094 (Patent 6,209,591)
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)
`
`
`
`In IPR2014-01235, Petitioner submitted Exhibit 1008, a document
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`translated from a language other than English, and did not include the
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`requisite affidavit under 37 C.F.R. § 42.63(b) attesting to the accuracy of the
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`translation. Nestlé USA, Inc., v. Steuben Foods, Inc., Case IPR2014-01235
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`(PTAB Feb. 20, 2015) (Paper 26). In response to a conference call on the
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`matter, the Board ordered Petitioner to file such affidavit pursuant to
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`37 C.F.R. § 42.5(a) and (b). Id.
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`In other inter partes reviews between these parties involving related
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`patents, essentially the same omission occurred, and Petitioner contacted the
`
`Board to ask if the omission should be remedied in the same manner.2 We
`
`direct that the same procedure be followed in each case.
`
`Accordingly, it is:
`
`ORDERED that no later than March 2, 2015, Petitioner file as an
`
`exhibit the affidavit, previously served upon Patent Owner, that attests to the
`
`accuracy of the associated translation in each proceeding.3
`
`
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`
`
`
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`
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`2 IPR2015-00023 (Ex. 1005, 1006), IPR2015-00094 (Ex. 1007), IPR2015-
`00195 (Ex. 1018), and IPR2015-00249 (Ex. 1006).
`
` IPR2015-000235, IPR2015-00094, IPR2015-00195, and IPR2015-00249.
`
` 3
`
`
`
`Case IPR2015-00023 (Patent 6,536,188)
`Case IPR2015-00094 (Patent 6,209,591)
`Case IPR2015-00195 (Patent 6,475,435)
`Case IPR2015-00249 (Patent 6,481,468)
`
`
`PETITIONER:
`
`Thomas Jenkins
`tom.jenkins@finnegan.com
`
`Virginia Carron
`virginia.carron@finnegan.com
`
`
`PATENT OWNER:
`
`Greg Gardella
`CPDocketGardella@oblon.com
`
`Scott McKeown
`CPDocketMckeown@oblon.com
`
`Ruby Natnithithadha
`CPdocketRJN@oblon.com
`
`
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`
`
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`3
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`
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