`Tel: 571.272.7822
`
`Paper 21
`Entered: August 31, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`Patent Owner.
`
`Case IPR2015-00523
`Patent 6,321,229 B1
`
`
`
`
`
`
`
`
`
`Before JUSTIN BUSCH, JAMES B. ARPIN, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Request to Submit Supplemental Information
`37 C.F.R. § 42.123(a)
`
`Petitioner filed a motion to submit supplemental information, under
`37 C.F.R. § 42.123(a), responsive to Patent Owner’s evidentiary objections
`(Paper 15, 4–5) regarding two prior art references on which we instituted
`review, i.e., DAVID FOX & TROY DOWNING, WEB PUBLISHER’S
`CONSTRUCTION KIT WITH HTML 3.2 (1996) (“Fox”) (Ex. 1004) and BEN
`FORTA ET AL., THE COLD FUSION WEB DATABASE CONSTRUCTION KIT (1997)
`
`
`
`IPR2015-00523
`Patent 6,321,229 B1
`
`(“Forta”) (Ex. 1005). Petitioner submitted the information as Proposed
`Exhibits 1010 through 1027, which are attached as an “Exhibit A” to
`Petitioner’s motion. Paper 20, 2.1 Petitioner indicated that it also has served
`Patent Owner with this information as supplemental evidence pursuant to
`37 C.F.R. § 42.64(b)(2). Paper 20, 4. Patent Owner does not oppose
`Petitioner’s motion.
`Petitioner’s requested authorization to file its motion is within one
`month of the date on which trial was instituted. See
`37 C.F.R. § 42.123(a)(1). Additionally, we are persuaded by Petitioner’s
`unrebutted contentions that the information is relevant to a claim for which
`trial has been instituted. Paper 20, 4–5. The information that Petitioner
`seeks to submit includes date-stamped copies of excerpts of Fox and Forta,
`as received by the Library of Congress; an affidavit; and other information
`that Petitioner contends relates to the publication of the Fox and Forta
`references. This information is relevant to the public accessibility of two
`references on which we instituted review. Paper 13, 22–23.
`For the foregoing reasons, we determine that Petitioner has satisfied
`its burden and is authorized to file as supplemental information under
`37 C.F.R. § 42.123(a) its Proposed Exhibits 1010 through 1027, previously
`submitted for our consideration as “Exhibit A” to Paper 20.2 Petitioner must
`
`
`1 Petitioner’s “Exhibit A” is attached to the end of Petitioner’s motion.
`Paper 20. We remind the parties that the information must be filed in the
`form of exhibits. See 37 C.F.R. § 42.63(a).
`2 We note that Proposed Exhibit 1019 includes an Appendix A. Appendix A
`should be filed as a separate exhibit in PRPS, although it is referred to as
`Appendix A within the affidavit. See 37 C.F.R. § 42.63(c).
`
`2
`
`
`
`IPR2015-00523
`Patent 6,321,229 B1
`
`file the supplemental information as properly-numbered exhibits within five
`business days of this Decision.
`Accordingly, it is:
`ORDERED that Petitioner is authorized under 37 C.F.R. § 42.123(a)
`to file supplemental information, specifically Proposed Exhibits 1010
`through 1027 and Appendix A to Exhibit 1019, previously submitted for our
`consideration as “Exhibit A” to Paper 20, within five business days of this
`Decision.
`
`PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`Phillip Morton
`Mark Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`pmorton@cooley.com
`mweinstein@cooley.com
`
`
`
`PATENT OWNER:
`
`David Cavanaugh
`Owen Allen
`Joseph Haag
`Evelyn Mak
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.cavanaugh@wilmerhale.com
`Owen.allen@wilmerhale.com
`Joseph.haagg@wilmerhale.com
`Evelyn.mak@wilmerhale.com
`
`3
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