`571.272.7822
`
`
`
`
`
`Paper 6
`Entered: November 26, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LG ELECTRONICS, INC., TOSHIBA CORP., VIZIO, INC., and
`HULU, LLC,
`Petitioner,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00198
`Patent 6,009,469
`_______________
`
`
`Before KALYAN K. DESHPANDE, TRENTON A. WARD, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`On November 5, 2014, Petitioner requested permission to expunge
`
`Exhibit 1002 (Declaration of Bruce M. Maggs, Ph.D.) and replace it with a
`
`corrected version. Petitioner explained that it incorrectly filed Dr. Maggs’
`
`Declaration from a different inter partes review in this proceeding.
`
`
`
`IPR2015-00198
`Patent 6,009,469
`
`Petitioner attached the document it seeks to file in lieu of current
`
`Exhibit 1002 to its November 5th email to the Board. That document is also
`
`a Declaration of Bruce M. Maggs, Ph.D., but is directed to U.S. Patent
`
`No. 6,009,469, which is at issue in this proceeding.
`
`When asked for Patent Owner’s position, Petitioner provided the
`
`following quoted statement as Patent Owner’s response on November 11,
`
`2014:
`
`The patent owner does not object to the petitioners completing
`the petition by filing the correct exhibit, but the patent owner
`contends that the petition is currently incomplete under
`35 U.S.C. § 312(a)(3)(B), and should not be accorded a filing
`date until the petitioners file the correct exhibit. See 37 C.F.R.
`§ 42.106.
`
`Petitioner has not indicated whether it is amenable to Patent Owner’s
`
`position regarding the filing date.
`
`
`
`Accordingly, it is:
`
`ORDERED that Petitioner is authorized to file a motion to correct in
`
`accordance with 37 C.F.R. § 42.104(c);
`
`FURTHER ORDERED that any such motion to correct must be filed
`
`by Friday, December 5, 2014; and
`
`FURTHER ORDERED that Patent Owner may file a response, if any,
`
`to Petitioner’s motion by Friday, December 12, 2014.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2015-00198
`Patent 6,009,469
`
`For PETITIONER:
`
`Darren Jiron
`darren.jiron@finnegan.com
`
`Rajeev Gupta
`Raj.Gupta@finnegan.com
`
`Stacy Chen
`schen@kvn.com
`
`Clint Conner
`clint@dorsey.com
`
`Kevin O’Brien
`Kevin.O'Brien@bakermckenzie.com
`
`
`For PATENT OWNER:
`
`William Meunier
`WAMeunier@mintz.com
`
`Matthew Durell
`mdurell@mintz.com
`
`
`
`
`
`
`
`3
`
`
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