`571-272-7822 Entered: August 1, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., MOTOROLA MOBILITY LLC, and
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`IPR2015-01172 (Patent 7,498,749 B2)
`IPR2015-01173 (Patent 7,329,970 B2)
`____________
`
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC. and
`APPLE INC.,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`IPR2015-01603 (Patent 7,498,749 B2)1
`____________
`
`
`
`
`1 This order addresses a similar issue in the three cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style of heading in subsequent
`papers.
`
`
`
`IPR2015-001172 (Patent 7,498,749 B2)
`IPR2015-001173 (Patent 7,329,970 B2)
`IPR2015-01603 (Patent 7,498,749 B2)
`
`Before JUSTIN BUSCH, LYNNE E. PETTIGREW, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`SHAW, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Unopposed Motion to
`Withdraw Its Motion to Exclude
`37 C.F.R. § 42.71
`
`
`
`On June 30, 2016, the Board held a conference call with Patent Owner
`and Petitioners regarding Petitioners’ request to add an omitted perjury
`acknowledgement to Petitioners’ expert declarations. During the call, the
`Board authorized Petitioners to file corrected expert declarations, adding
`only the inadvertently omitted penalty of perjury acknowledgement.
`Ex. 1039, 18:19–19:2.2 On July 3, 2016, Petitioners filed corrected
`Declarations of Paul Beard. Exs. 1003, 1031. On July 11, 2016, in each of
`these proceedings, Patent Owner filed a Motion to Exclude the original and
`corrected declarations. Paper 35. On July 29, 2016, pursuant to Board
`authorization, Patent Owner filed a Motion to Withdraw its Motion to
`Exclude. Paper 44. In its Motion, Patent Owner represents that Petitioners
`do not oppose the Motion. Id. at 3.
`Given the circumstances of these proceedings, we grant Patent
`Owner’s Motion, and withdraw Patent Owner’s Motion to Exclude from
`consideration. Therefore, the Board will not issue a decision addressing
`Patent Owner’s withdrawn Motion to Exclude.
`
`
`2 References are to papers in IPR2015-01172.
`
`2
`
`
`
`IPR2015-001172 (Patent 7,498,749 B2)
`IPR2015-001173 (Patent 7,329,970 B2)
`IPR2015-01603 (Patent 7,498,749 B2)
`
`
`
`
`ORDER
`
`
`
`Accordingly, it is:
` ORDERED that Patent Owner’s Unopposed Motion to Withdraw its
`Motion to Exclude is granted; and
`FURTHER ORDERED that Patent Owner’s Motion to Exclude is
`withdrawn.
`
`
`
`
`3
`
`
`
`IPR2015-001172 (Patent 7,498,749 B2)
`IPR2015-001173 (Patent 7,329,970 B2)
`IPR2015-01603 (Patent 7,498,749 B2)
`
`
`FOR PETITIONER:
`
`Luke McCammon
`Luke.mccammon@finnegan.com
`
`Doris Hines
`Dori.hines@finnegan.com
`
`Jason Stach
`jason.stach@finnegan.com
`
`Phillip Morton
`pmorton@cooley.com
`
`Gabriel Gross
`Gabe.gross@lw.com
`
`Matthew Moore
`Matthew.moore@lw.com
`
`Bob Steinberg
`Bob.steinberg@lw.com
`
`
`
`FOR PATENT OWNER:
`
`
`Nathan Cristler
`ncristler@cristlerip.com
`
`Steven Kelber
`skelber@lagoldlaw.com
`
`
`
`
`
`
`
`4
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