`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`TOYOTA MOTOR CORPORATION,
`
`Petitioner
`
`
`
`Patent No. 6,012,007
`Issue Date: January 4, 2000
`Title: OCCUPANT DETECTION METHOD AND
`APPARTUS FOR AIR BAG SYSTEM
`__________________________________________________________________
`
`UNOPPOSED MOTION TO CORRECT THE PETITION
`(37 C.F.R. § 42.104(c))
`
`Case No. IPR 2016-00292
`__________________________________________________________________
`
`
`
`
`
`
`
`Petitioner Toyota Motor Corporation (“TMC”) submits this motion to
`
`request authorization to file a corrected petition for inter partes review. The
`
`petition as filed (Paper 2) correctly names TMC as the sole petitioner in this case.
`
`However, the caption lists Toyota Motor North America, Inc. (“TMNA”) and
`
`Toyota Motor Sales, U.S.A., Inc. (“TMS”) as petitioners, and fails to list TMC as
`
`petitioner. TMC seeks to file a corrected petition whose cover page names the
`
`correct petitioner, but which is otherwise identical to the as-filed petition.
`
`Counsel for TMC contacted counsel for patent owner Signal IP, Inc.
`
`(“Signal”), who indicated that Signal does not oppose this motion. The Board
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`authorized the filing of this motion by email on January 25, 2016.
`
`The rules governing inter partes review authorize TMC to file a motion to
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`correct clerical errors in a petition:
`
`A motion may be filed that seeks to correct a clerical or
`typographical mistake in the petition. The grant of such a
`motion does not change the filing date of the petition.
`
`(37 C.F.R. § 42.104(c).) The already-filed papers and information in this case
`
`demonstrate that the cover page of the petition was a “clerical … mistake.” For
`
`example:
`
` The introductory paragraph in the petition correctly identifies TMC as the
`
`petitioner:
`
` “Toyota Motor Corporation
`
`(‘Toyota’ or
`
`‘Petitioner’)
`
`
`
`1
`
`
`
`respectfully requests inter partes review ….” (Paper 2 at p. 1.) The word
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`“Petitioner” is used in the singular form throughout the petition.
`
` The mandatory notices in the petition correctly identify TMC as the
`
`petitioner, and TMNA and TMS as additional real parties-in-interest
`
`(together with TMC). (Id.)
`
` The power of attorney filed with the petition correctly identifies TMC as the
`
`only petitioner and as the only signor. (See Paper 1.)
`
` The Board’s internal records, based on information submitted on the Patent
`
`Review Processing System by counsel for TMC concurrently with the filing
`
`of the petition, correctly identify TMC as the sole petitioner.
`
` The Declaration of Scott Andrews submitted with the petition correctly
`
`identifies TMC as the sole petitioner. (See Ex. 1007 at pp. 1 (cover), 5
`
`(¶ 11).)
`
`Additionally, TMC filed two other petitions for inter partes review against patents
`
`owned by Signal on the same date as the instant proceeding. (See IPR2016-00291
`
`and -00293.) Both petitions and the accompanying papers correctly identify TMC
`
`as petitioner.
`
`Based on the foregoing, it is apparent that the incorrect identification of
`
`TMNA and TMS as the petitioners on the cover page of the petition in this
`
`proceeding was a clerical mistake. And there can be no prejudice to Signal from
`
`
`
`2
`
`
`
`correcting that mistake, particularly since TMNA and TMS are named (and will
`
`continue to be named) as real parties-in-interest. Therefore, TMC respectfully
`
`requests authorization from the Board to file a corrected petition with a cover page
`
`identifying TMC as the sole petitioner. TMC also requests that future filings
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`correctly identify TMC as the sole petitioner.
`
`
`
`Dated: February 3, 2016
`
`
`
` /John Flock/
`John Flock (Reg. No. 39,670)
`Back-Up Counsel for Petitioner
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
`
`
`
`
`3
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that the foregoing UNOPPOSED MOTION
`
`TO CORRECT THE PETITION was served via e-mail on February 3, 2016, in its
`
`
`
`
`
` /John Flock/
`John Flock (Reg. No. 39,670)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
`
`Counsel for Petitioner Toyota Motor
`Corporation
`
`entirety on the following:
`
`
`Tarek N. Fahmi (Reg. No. 41,402)
`Holly J. Atkinson (Reg. No. 69,934)
`Jason A. LaBerteaux (Reg. No. 65,724)
`Ascenda Law Group, PC
`333 W San Carlos St., Suite 200
`San Jose, CA 95110
`Tel: 866-877-4883
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
`patents@ascendalaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
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