`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Attachments:
`
`Charles Shifley
`Tuesday, July 28, 2015 2:01 PM
`'Trials@uspto.gov'
`ESCO472IPR; CAT-v-ESCO-IPR@finnegan.com
`Caterpillar v. ESCO, Case IPR2015-01032 pending decision on institution, notice of
`errors and corrections in Patent Owner’s Preliminary Response
`Errata to Preliminary Response.pdf
`
`Dear Board:
`This is a request that while the Board is going about the tasks of making a decision whether to institute a proceeding in
`the subject case, the Board take notice of errors in the Patent Owner’s Preliminary Response.
`
` A
`
` petition in the subject case was filed on or about April 17, 2015. The patent owner’s preliminary response was filed on
`or about July 27, 2015. The case is awaiting an institution decision.
`
`Patent owner’s lead counsel did a post-filing review pf the patent owner’s preliminary response, and discovered the
`errors of the attached Errata document. Patent owner’s counsel asks that the Board take notice of the errors and the
`corrections, especially the error and correction of the illustration on page 35 of the response. The illustration on page 35
`is not a correct illustration. The correct illustration is included in the Errata. The patent owner apologizes for the
`inconvenience of the mistakes and the necessity for the Board to refer to an Errata document.
`
`Patent owner’s counsel contacted petitioner’s lead counsel Mr. Gutowski, who courteously agreed not to object to the
`patent owner’s counsel providing you this communication and the attached Errata.
`
`Very truly yours, /Charles W. Shifley/
`Patent Owner’s Lead Counsel
`
`Charles W. Shifley | Attorney
`tel: 312.463.5441 | fax: 312.463.5001
`Banner & Witcoff, Ltd. | cshifley@bannerwitcoff.com
`
`
`IMPORTANT/CONFIDENTIAL: This message may be privileged, confidential, or exempt from disclosure under applicable law. If you have received this
`communication in error, please notify us immediately by return e-mail.
`
`1
`
`Caterpillar v. ESCO IPR2015-01032
`ESCO Exhibit 2048 Page 1