`Tel: 571-272-7822
`
`Paper 8
`Entered: February 1, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PLAID TECHNOLOGIES INC.,
`Petitioner
`
`v.
`
`YODLEE, INC. and YODLEE.COM, INC.,
`Patent Owner.
`
`Case IPR2016-00275
`Patent 6,199,077 B1
`
`Before SALLY C. MEDLEY, MICHAEL R. ZECHER, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`ORDER
`Authorizing Motion to Accord New Filing Date
`37 C.F.R. § 42.20 and 42.22(d)
`
`
`
`In emails dated January 9 and 28, 2016, counsel for Petitioner sought
`a teleconference with the Board to request leave to file a motion to change
`the filing date accorded the Petition in this case from December 3, 2015, to
`December 2, 2015. Although Petitioner contends the Petition and
`accompanying fee were uploaded before midnight on December 2, Petitioner
`alleges “technical issues with uploading certain exhibits” that caused the
`
`
`
`Case IPR2016-00275
`Patent 6,199,077 B1
`
`Petition to be submitted finally in the early morning hours of December 3.
`Petitioner represents Patent Owner has indicated it will oppose any motion
`to change the accorded filing date.
`Given that the complaint in the underlying litigation was served on
`December 2, 2014, see Pet. 1–2, the difference between a December 2, 2015,
`and a December 3, 2015, filing date in this case could prevent us from
`instituting an inter partes review. See 35 U.S.C. § 315(b). Accordingly, we
`authorize Petitioner to file, on or before February 8, 2016, a motion to
`accord a new filing date to IPR2016-00275, which is not to exceed 10 pages
`in length. We authorize Patent Owner to file an opposition to the motion, if
`any, on or before February 16, 2016, also not to exceed 10 pages in length.
`No reply is authorized at this time.
`Counsel for Petitioner is instructed to set forth the following in the
`motion: (1) the circumstances surrounding the electronic filing of the
`petition in IPR2016-00275, including any evidence of technical problems
`with the Board’s website or the Patent Review Processing System (PRPS);
`(2) the steps taken by Petitioner before and after any technical problems
`arose to ensure timely filing of the petition and exhibits; and (3) the
`authority of the Board, if any, to waive the statutorily mandated one year
`time limitation for filing the present case, to the extent such time limitation
`applies. See 35 U.S.C. § 315(b).
`
`
`
`
`
`2
`
`
`
`Case IPR2016-00275
`Patent 6,199,077 B1
`
`ORDER
`
`For the reasons given, it is:
`ORDERED that Petitioner is authorized to file a motion to accord a
`new filing date to IPR2016-00275;
`FURTHER ORDERED that the motion is not to exceed 10 pages in
`length and is to be filed on or before February 8, 2016;
`FURTHER ORDERED that Patent Owner is authorized to file an
`opposition to the motion to accord a new filing date for IPR2016-00275;
`FURTHER ORDERED that any opposition is not to exceed 10 pages
`in length and is to be filed on or before February 16, 2016; and
`FURTHER ORDERED that no reply is authorized at this time.
`
`3
`
`
`
`
`
`Case IPR2016-00275
`Patent 6,199,077 B1
`
`PETITIONER:
`Brian Buroker
`Omar Amin
`bburoker@gibsondunn.com
`oamin@gibsondunn.com
`
`PATENT OWNER:
`David Hoffman
`hoffman@fr.com
`
`
`4
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