`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`SYMANTEC CORP.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________________
`
`Case IPR2016-00919
`U.S. Patent No. 8,141,154
`
`__________________________________________________________
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`
`
`
`Patent Owner’s Waiver of Preliminary Response
`IPR2016-00919 (U.S. Patent No. 8,141,154)
`
`
`Patent Owner filed a Waiver of its Preliminary Response and Statement of
`
`Non-Opposition to Motion for Joinder (“Waiver”) in Case No. IPR2016-00919 on
`
`July 21, 2016. See Paper No. 7 in IPR2016-00919. Patent Owner inadvertently
`
`uploaded the document under the Paper Type: “Declaration.” Patent Owner
`
`contacted the Patent Trial and Appeal Board (PTAB) E2E Administrative staff and
`
`requested that the Paper Type be corrected to “Preliminary Response.”
`
`Per the PTAB’s instructions, Patent Owner submitted the Waiver using the
`
`proper filing event and hereby files this Motion to Expunge the incorrectly filed
`
`document on the same day. PTAB E2E Frequently Asked Questions, A9,
`
`http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
`
`board/ptab-e2e-frequently-asked-questions (“If the wrong document was uploaded
`
`and the "Add" button was clicked, you should file the correct document and a
`
`motion to expunge the wrong document as soon as possible. Any motion to
`
`expunge filed on the same day as the wrong document will generally be granted.”).
`
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`incorrectly filed document (Paper No. 7 in IPR2016-00919) be expunged.
`
`- 1 -
`
`
`
`
`
`
`
`Dated: July 21, 2016
`
`(Case No. IPR2016-00919)
`
`Patent Owner’s Waiver of Preliminary Response
`IPR2016-00919 (U.S. Patent No. 8,141,154)
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`jhannah@kramerlevin.com
`Michael Lee (Reg. No. 63,941)
`mhlee@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 650.752.1800
`
`Jeffrey H. Price (Reg. No. 69,141)
`jprice@kramerlevin.com
`Shannon Hedvat (Reg. No. 68,417)
`shedvat@kramerlevin.com
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8000
`
`Michael Kim, Esq. (Reg. No. 40,450)
`mkim@finjan.com
`2000 University Avenue, Ste. 600
`E. Palo Alto, CA 94303
`Tel: 650.397.9567
`
`Attorneys for Patent Owner
`
`- 2 -
`
`
`
`
`
`Patent Owner’s Waiver of Preliminary Response
`IPR2016-00919 (U.S. Patent No. 8,141,154)
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Patent Owner’s Motion to Expunge was served on
`
`July 21, 2016, by filing this document through the Patent Review Processing
`
`System as well as delivering via electronic mail upon the following counsel of
`
`record for Petitioner:
`
`Nathaniel A. Hamstra
`David Nelson
`Kenneth K. Suh
`QUINN EMANUEL URQUHART
`& SULLIVAN LLP
`500 West Madison Street, Ste. 2450
`Chicago, IL 60661
`nathanhamstra@quinnemanuel.com
`davenelson@quinnemanuel.com
`kennethsuh@quinnemanuel.com
`
`
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
`
`3
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