` U.S. Patent No. 8,332,475
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`WHATSAPP INC. AND FACEBOOK, INC.
`Petitioner
`
`v.
`
`TRIPLAY COMMUNICATIONS LTD.
`Patent Owner
`
`
`
`Case IPR2015-00740
`U.S. Patent No. 8,332,475
`
`
`
`UNOPPOSED MOTION TO CORRECT CLERICAL ERROR
`UNDER § 42.104(c)
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`
`
`
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`
`
`
`
`
`
`
`Atty Docket No. FABO-036/00US Inter Partes Review of
` U.S. Patent No. 8,332,475
`
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`Pursuant to § 42.104(c), WhatsApp Inc. and Facebook, Inc. (collectively,
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`“Petitioner”) hereby moves to correct a clerical error that resulted in the
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`inadvertent omission of a page from Exhibit 1005 (the “original exhibit”) filed
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`alongside the Petition for Inter Partes Review (the “Petition”). The Patent Owner
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`indicated that it does not oppose this motion. The Board authorized this motion in
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`an email dated October 28, 2015. This motion is accompanied by Corrected
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`Exhibit 1005 (the “corrected exhibit”) for filing.
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`I. Applicable Rules
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`37 C.F.R. § 42.104(c) states as follows:
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`A motion may be filed that seeks to correct a clerical or typographical
`mistake in the petition. The grant of such a motion does not change
`the filing date of the petition.
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`II. Facts
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`The Petition cites a prior art reference titled More HTML for Dummies (2d
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`ed. 1997) by Ed Tittel et al. (“Tittel”), a 390-page book on developing HTML
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`documents. (Petition, Paper 1, at 60.) Tittel is also cited in the Declaration of
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`David Klausner (the “Expert Declaration”), which was filed with the Petition.
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`(Expert Declaration, Exhibit 1002, at 4.1)
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` 1
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` The page numbers that appear in citations herein refer to the internal page
`numbers of the documents cited, not the bates numbers that accompany any
`exhibits filed.
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`1
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`
`
`Atty Docket No. FABO-036/00US Inter Partes Review of
` U.S. Patent No. 8,332,475
`
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`Among the pages cited is Tittel page 262. (Petition, Paper 1, at 47; Expert
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`Declaration, Exhibit 1002, at 69.) However, this page was inadvertently omitted
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`from the original exhibit filed alongside the Petition and Expert Declaration. (See
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`Exhibit 1005.) Accompanying this motion is the corrected exhibit, which includes
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`the omitted page but is otherwise identical to the original exhibit. (See Corrected
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`Exhibit 1005.)
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`III. Relief Requested
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`Based on the foregoing facts, Petitioner respectfully submits that the
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`omission of Tittel page 262 from Exhibit 1005 has no substantive effect and was
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`inadvertent and clerical in nature. Furthermore, Patent Owner has indicated that it
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`would not oppose this motion. Accordingly, Petitioners request correction of
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`Exhibit 1005 pursuant to 37 CFR § 42.104(c) to include the omitted page.
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`
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`Dated: October 29, 2015
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
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`
`
`
`
`By:
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`
`
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`Respectfully submitted,
`
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioner
`WhatsApp Inc. and Facebook,
`Inc.
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`
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`2
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`
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`Atty Docket No. FABO-036/00US Inter Partes Review of
` U.S. Patent No. 8,332,475
`
`
`CERTIFICATE OF SERVICE
`
`
`
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`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached UNOPPOSED MOTION TO CORRECT CLERICAL ERROR
`UNDER § 42.104(c), including all exhibits (Corrected Exhibit 1005) and related
`documents, are being served via electronic mail on the 29th day of October, 2015,
`the same day as the filing of the above-identified document in the United States
`Patent and Trademark Office/Patent Trial and Appeal Board, upon counsel of
`record for the Patent Owner as follows:
`
`Barry Schindler
`SchindlerB@gtlaw.com
`Greenberg Trauig, LLP
`njdocket@gtlaw.com
`
`Jeremy J. Monaldo
`Fish & Richardson P.C.
`monaldo@fr.com
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
`
`COOLEY LLP
`ATTN: Heidi L. Keefe
`Patent Docketing
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
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`3
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