`571-272-7822
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`Paper 26
`Entered: April 19, 2017
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`R.J. REYNOLDS VAPOR COMPANY,
`Petitioner,
`
`v.
`
`FONTEM HOLDINGS 1 B.V.,
`Patent Owner.
`____________
`
`Cases IPR2016-01268
`Patent 8,365,742 B2
`____________
`
`
`
`Before BRIAN J. McNAMARA, JEREMY M. PLENZLER, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2016-01268
`Patent 8,365,742 B2
`
`
`This Order is in response to Patent Owner’s email dated April 14,
`
`2017, attached. Patent Owner seeks to correct certain clerical errors in the
`
`Opposition (Paper 24) it filed on April 4, 2017. Patent Owner represents
`
`that Petitioner does not oppose Patent Owner’s request.
`
`Specifically, Patent Owner requests authorization to make corrections
`
`to page 24 of its Opposition, replacing a citation to paragraphs 41 and 51–55
`
`of Exhibit 2015 with a citation to paragraphs 39–41, 68, and 69, and to page
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`51 of its Opposition, replacing a citation to paragraph 102 of Exhibit 2015
`
`with a citation to paragraph 104. We have reviewed the record and we are
`
`persuaded that the asserted errors are typographical. Accordingly, we
`
`authorize Patent Owner to file, as a paper in this proceeding, an errata sheet
`
`identifying the corrections to be made, including the paper number and page
`
`number.
`
`It is
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`ORDERED that Patent Owner is authorized to file, as a paper, an
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`errata sheet identifying the corrections to be made to its Opposition (Paper
`
`24), as discussed herein.
`
`
`
`2
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`
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`IPR2016-01268
`Patent 8,365,742 B2
`
`
`From: Candeloro, Amy (Perkins Coie) [mailto:ACandeloro@perkinscoie.com]
`Sent: Friday, April 14, 2017 8:00 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Hamilton, Joseph (Perkins Coie) <JHamilton@perkinscoie.com>; Wise, Michael (Perkins Coie)
`<MWise@perkinscoie.com>; RJR-FontemIPRTeam@brinksgilson.com; Kassebaum, Nathan R.
`(Perkins Coie) <NKassebaum@perkinscoie.com>; DeRosier, Jenna M. (Perkins Coie)
`<JDeRosier@perkinscoie.com>
`Subject: IPR2016-01268
`
`Dear PTAB,
`
`Patent Owner requests authorization to file a motion to correct clerical errors in Patent Owner's
`Opposition filed on April 4, 2017 in IPR2016-01268. The basis for the request is summarized
`below.
`
`
`On April 4, 2017, Patent Owner filed its Opposition in IPR2016-01268 (Paper 24). Shortly after
`filing, Patent Owner discovered clerical errors in the Opposition paper. Specifically, Patent
`Owner seeks to correct citations on the following pages:
`
`
`Page
`24
`51
`
`Citation
`Ex. 2015 ¶¶ 41, 51-55
`Ex. 2015 ¶ 102
`
`Corrected Citation
`Ex. 2015 ¶¶ 39-41, 68-69
`Ex. 2015 ¶ 104
`
`
`
`Patent Owner asked Petitioner via email whether Petitioner would oppose a motion to make the
`above corrections. Petitioner indicated via email on April 13, 2017 that it would not oppose
`Patent Owner’s motion, and that Petitioner’s counsel is available for a conference call on
`Tuesday or Wednesday, April 18 or 19, from 10:30 am to 12:30 pm EDT. Patent Owner is also
`available for a conference call during those times.
`
`Patent Owner requests a conference to seek authorization to file a motion to correct the above-
`listed clerical errors in Patent Owner’s Opposition.
`
`
`Thank you for your consideration.
`
`Joseph Hamilton | Perkins Coie LLP
`PARTNER
`D. +1.310.788.3271
`E. JHamilton@perkinscoie.com
`
`
`
`
`NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please
`advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the
`contents. Thank you.
`
`
`
`
`
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`3
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`4
`
`IPR2016-01268
`Patent 8,365,742 B2
`
`
`PETITIONER:
`
`Ralph J. Gabric
`Robert Mallin
`Yuezhong Feng
`BRINKS GILSON & LIONE
`rgabric@brinksgilson.com
`rmallin@brinksgilson.com
`yfeng@brinksgilson.com
`
`
`
`PATENT OWNER:
`
`Michael J. Wise
`Joseph P. Hamilton
`PERKINS COIE LLP
`MWise@perkinscoie.com
`JHamilton@perkinscoie.com
`
`
`
`
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