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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IPR2016-01710
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`UNITIED PATENTS INC.
`Petitioner
`
`v.
`
`DIGITAL AUDIO ENCODING SYSTEMS, LLC
`Patent Owner
`
`IPR2016-01710
`Patent 7,490,037
`
`
`
`PATENT OWNER’S MOTION TO EXPUNGE
`PRELIMINARY REPONSE
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`

`
`IPR2016-01710
`
`
`
`MOTION TO EXPUNGE PATENT OWNER’S PRELIMINARY
`RESPONSE AND RELATED EXHIBITS
`
`INTRODUCTION
`
`
`
`Patent Owner Digital Audio Encoding Systems, LLC (hereinafter “DAE” or
`
`
`
`I.
`
`
`
`“Patent Owner”) respectfully submits this Motion to Expunge the Patent Owner’s
`
`Preliminary Response along with its attached Exhibits 1-3 (Dkt. Nos. 10-13,
`
`collectively “POPR”). Petitioner Unified Patents, Inc. (hereinafter “Unified
`
`Patents” or “Petitioner”) alleges that both the Response and exhibits include
`
`confidential information subject to a non-disclosure agreement. Pursuant to 37
`
`C.F.F. § 42.54, Patent Owner certifies that it has previously conferred with
`
`Petitioner regarding this Motion to Expunge, and Petitioner does not oppose.
`
`II.
`
`FACTS AND DISCUSSION
`
`Patent Owner believes that the patent claims of the subject patent, U.S.
`
`Patent No. 7,490,037 (the “’037 patent”) are invalid in light of recently-developed
`
`information, specifically, a break in the continuity in the chain
`
`of priority applications due to failure to pay an extension fee. As a result, Patent
`
`Owner and Petitioner expect to take steps to seek an adverse judgment on the
`
`above-identified IPR, and/or dedicate the patent to the public. In the meantime,
`
`Petitioner believes that the POPR includes confidential information, and has
`
`

`
`
`requested that Patent Owner expunge the filing. Given the above circumstances,
`
`IPR2016-01710
`
`Patent Owner has no objection to expunging the POPR.
`
`III. CONCLUSION
`
`
`
`Accordingly, Patent Owner requests that this motion be granted and that the
`
`POPR, collectively Docket Entries 10-13, be expunged from the record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`DEVLIN LAW FIRM LLC
`
`By: /s/ Timothy Devlin
`Timothy Devlin
`Reg. No. 41706
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`Phone: (302) 449-9010
`tdevlin@devlinlawfirm.com
`
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 20, 2016

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