`
`Trials@uspto.gov
`Paper 6, IPR2016-00095;
`
`571.272.7822
` Paper 7, IPR2016-00096
` Entered: January 29, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-00093 (Patent 5,805,504)
`Case IPR2016-00095 (Patent 5,943,260)
`Case IPR2016-00096 (Patent 6,233,181 B1)1
`_______________
`
`
`
`Before BART A. GERSTENBLITH, BARBARA A. PARVIS, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This Order addresses issues that are identical in these three cases. We,
`therefore, exercise our discretion to issue one Order to be filed in each of the
`three cases. The parties are not authorized to use this heading style in their
`papers.
`
`
`
`IPR2016-00093 (Patent 5,805,504)
`IPR2016-00095 (Patent 5,943,260)
`IPR2016-00096 (Patent 6,233,181 B1)
`
`In each of the above-captioned proceedings, Micron Technology, Inc.
`
`(“Petitioner”) filed a Declaration of R. Jacob Baker, on October 27, 2015, as
`
`an exhibit accompanying a petition for inter partes review. Dr. Baker’s
`
`Declaration was filed as Exhibit 1003 in IPR2016-00093 and
`
`IPR2016-00095, and as Exhibit 1007 in IPR2016-00096.
`
`In an email dated January 21, 2016, counsel for Petitioner requests
`
`that each of these exhibits be expunged and replaced by corrected exhibits,
`
`bearing the same exhibit number. In particular, Petitioner indicates that
`
`Dr. Baker’s Declaration fails to include a proper jurat before the signature
`
`line. Petitioner represents that such failure is the result of a clerical error and
`
`that Patent Owner does not oppose Petitioner’s request.
`
`Petitioner also indicates that it contacted the Board on the same date
`
`and was directed to file corrected exhibits and send an email requesting that
`
`the original Declarations be expunged. The record in each proceeding
`
`reflects that Petitioner filed a “corrected” Declaration on January 21, 2016,
`
`with the same exhibit number as the original.
`
`
`
`It is:
`
`ORDERED that Petitioner’s request to expunge is granted; and
`
`FURTHER ORDERED that Exhibit 1003 in IPR2016-00093,
`
`Exhibit 1003 in IPR2016-00095, and Exhibit 1007 in IPR2016-00096, each
`
`filed on October 27, 2015, are hereby expunged.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2016-00093 (Patent 5,805,504)
`IPR2016-00095 (Patent 5,943,260)
`IPR2016-00096 (Patent 6,233,181 B1)
`
`
`For PETITIONER:
`
`Jeremy Jason Lang
`Justin L. Constant
`WEIL, GOTSHAL & MANGES LLP
`jason.lang@weil.comjustin.constant@weil.com
`
`
`
`For PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`FITCH EVAN TABIN & FLANNERY LLP
`LimestoneIPR@fitcheven.com
`
`3