`571-272-7822
`
`
`
`
`Paper 21
`Entered: September 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RUBICON COMMUNICATIONS, LP,
`Petitioner,
`
`v.
`
`LEGO A/S,
`Patent Owner.
`
`
`Case IPR2016-01187
`Patent 8,894,066 B2
`
`
`
`Before SCOTT A. DANIELS, NEIL T. POWELL, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`
`ORDER
`CONDUCT OF THE PROCEEDING
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2016-01187
`Patent 8,894,066 B2
`
`
`
`On September 20, 2016, Lego A/S (“Patent Owner”) filed its
`
`Preliminary Response (Paper 18). After filing the Preliminary Response,
`
`Patent Owner contacted us via email later on September 20, 2016 regarding
`
`certain errors that occurred in connection with the filing. Specifically,
`
`Patent Owner indicated that a document it had intended to file as
`
`Exhibit 2001 was filed as Paper 19, but bearing an indication that it was
`
`Exhibit 2001. Patent Owner requested authorization to refile this document
`
`as Exhibit 2010 and to file a corrected version of its Preliminary Response,
`
`edited to correct for the change in exhibit numbers. Patent Owner
`
`represented that Petitioner (Rubicon Communications, LP) did not oppose
`
`Patent Owner’s request.
`
`Via email on September 21, 2016, we authorized Patent Owner to
`
`proceed with the requested filings. Later on September 21, 2016, Patent
`
`Owner filed a Corrected Preliminary Response (Paper 20), as well as
`
`Exhibit 2010.
`
`The due date for Patent Owner to file its Preliminary Response was
`
`September 20, 2016. See Paper 3, 1–2. Under the circumstances described
`
`above, however, we determine that consideration of Patent Owner’s
`
`Corrected Preliminary Response and Exhibit 2010 would be in the interests
`
`of justice. See 37 C.F.R. § 42.5(c)(3). Accordingly, Patent Owner’s late
`
`filing is excused, such that Patent Owner’s Corrected Preliminary Response
`
`and Exhibit 2010 are deemed filed timely and will be considered on the
`
`merits. See id.
`
`Based on the foregoing, it is hereby
`
`ORDERED that Patent Owner’s Corrected Preliminary Response and
`
`Exhibit 2010 are deemed filed timely and will be considered on the merits;
`
`2
`
`
`
`IPR2016-01187
`Patent 8,894,066 B2
`
`FURTHER ORDERED that Paper 19 is expunged.
`
`
`
`and
`
`
`
`3
`
`
`
`IPR2016-01187
`Patent 8,894,066 B2
`
`
`PETITIONER:
`
`Eric B. Meyertons
`emeyertons@intprop.com
`
`Brian Mangum
`bmangum@intprop.com
`
`Chris Thompson
`cthompson@intprop.com
`
`
`
`PATENT OWNER:
`
`Brian Pollack
`bpollack@daypitney.com
`
`Howard Grossman
`hgrossman@daypitney.com
`
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
