`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`ZTE (USA) INC.,
`
`Petitioner,
`
`v.
`
`VRINGO INFRASTRUCTURE INC.,
`
`Patent Owner.
`
`
`
`Case: IPR2015-00703
`
`U.S. Patent No.: 7,126,940
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER ZTE (USA) INC.’S MOTION TO DISMISS THE PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,126,940
`
`
`
`
`
`
`
`
`Case: IPR2015-00703
`U.S. Patent No. 7,126,940
`Pursuant to the Board’s Order dated June 2, 2015 (Paper 10), expunging
`
`Corrected Petitions (Paper 6, 7) in the instant proceeding and authorizing Petitioner
`
`ZTE (USA) Inc. (“Petitioner”) to file a motion to dismiss the Petition, Petitioner
`
`requests dismissal of the pending petition and termination of this proceeding
`
`without prejudice.
`
`Background
`
`Petitioner filed a Petition for Inter Partes Review of U.S. Patent No.
`
`7,126,940 on February 5, 2015. Subsequently, Petitioner filed a first Corrected
`
`Petition on April 6, 2015 and a second Corrected Petition on May 11, 2015.
`
`By email dated May 15, 2015, Patent Owner requested a conference call
`
`with the Board to discuss the Corrected Petitions. A conference call was held on
`
`May 21, 2015 between counsel for Petitioner, counsel for Patent Owner, and the
`
`Board. The Patent Owner did not provide a court reporter to transcribe the
`
`discussion.
`
`During the call, Patent Owner objected to the filing of the Corrected
`
`Petitions without prior authorization from the Board and as going beyond the
`
`2
`
`
`
`Case: IPR2015-00703
`U.S. Patent No. 7,126,940
`correction of clerical or typographical errors contemplated by 37 C.F.R. §
`
`42.204(c).1
`
`Decision of the Board
`
`Upon consideration of the parties’ positions, the Board decided the Corrected
`
`Petitions were not filed properly and ordered they be expunged from the record in
`
`the instant proceeding. Id. at 3.
`
`The Board’s Order further authorizes Petitioner to file this Motion to
`
`Dismiss the Petition in the instant proceeding. Id. at 3.
`
`Conclusion
`
`For the reasons stated above, Petitioner ZTE (USA) Inc. respectfully
`
`requests the Board dismiss the pending Petition in this proceeding and terminate
`
`the proceeding without prejudice.
`
`Dated: June 5, 2015
`
`
`
`Respectfully submitted,
`
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP
`
`
`/s/Steven A. Moore
`Steven A. Moore (Reg. No. 55,462)
`Richard W. Thill (Reg. No. 53,686)
`
`Attorneys for the Petitioner
`
`
`
`
`1 The Board points out that the rule applicable to the instant proceeding is 37
`C.F.R. § 42.104(c), but that the text of both rules is the same. ZTE (USA) Inc. v.
`Vringo Infrastructure Inc., IPR2015-00703, Paper 10, 2 (PTAB June 2, 2015).
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Case: IPR2015-00703
`U.S. Patent No. 7,126,940
`
`The undersign hereby certifies that a copy of the foregoing MOTION TO
`
`DISMISS was served on June 5, 2015, by filing this document through the Patent
`
`Review Processing System as well as delivering a copy via electronic mail to the
`
`attorneys of record for the Patent Owner at the following address:
`
`Tarek N. Fahmi
`ASCENDA LAW GROUP, PC
`333 W. San Carlos St., Suite 200
`San Jose, CA 95110
`Tarek.fahmi@ascendalaw.com
`
`Ian Blum
`COZEN O’CONNOR
`277 Park Avenue
`New York, NY 10172
`lblum@cozen.com
`
`Amy Embert
`ASCENDA LAW GROUP, PC
`333 W. San Carlos St., Suite 200
`San Jose, CA 95110
`Amy.embert@ascendalaw.com
`
`
`
`The parties have agreed to electronic service in this proceeding.
`
`
`
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/Steven A. Moore
`Steven A. Moore (Reg. No. 55,462)
`Richard W. Thill (Reg. No. 53,686)
`
`
`
`Attorneys for Petitioner
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`501 West Broadway
`Suite 1100
`San Diego, CA 92101
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
