`Trials@uspto.gov
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Costco Wholesale Corporation,
`Petitioner,
`
`v.
`
`Robert Bosch LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00041
`Patent 8,099,823
`____________
`
`Mailed: October 29, 2015
`
`Before JAMILAH SULTAN Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review, in the above proceeding has been
`accorded the filing date of October 9, 2015. A review of the petition
`identified the following defect(s):
`Failure to provide copies of all patents and printed publications
`that Petitioner relies upon in support of the petition. 35 U.S.C. §§
`312(a)(3), 322(a)(3).
`Failure to number exhibits properly. 37 C.F.R. § 42.63(c).
`
`
`
`Case IPR2016-00041
`Patent 8,099,823
`
`
`Failure to label exhibits properly. 37 C.F.R. § 42.63(d).
`
`Please note, there are several issues with the filed petition including
`but not limited to the following instances: Petition in several locations
`references the incorrect exhibit numbers, all referenced exhibits were not
`uploaded, exhibits are mislabeled at the bottom and/or do not include an
`exhibit label as required.
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`
`
`
`2
`
`
`
`Case IPR2016-00041
`Patent 8,099,823
`
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact Eric
`W. Hawthorne at 571-272-4643 or the Patent Trial and Appeal Board at 571-
`272-7822.
`
`
`
`PETITIONER:
`Richard M. Koehl
`James R. Klaiber
`
`richard.koehl@hugheshubbard.com
`james.klaiber@hugheshubbard.com
`
`PATENT OWNER:
`Michael Best & Friedrich LLP
`100 East Wisconsin Avenue
`Milwaukee, WI 53292
`
`
`
`
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