`571-272-7822
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`
`
`
`
`Paper 13
`Entered: July 12, 2017
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`EMERSON ELECTRIC CO.,
`Petitioner,
`
`v.
`
`SIPCO, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00216
`Patent 8,013,732 B2
`____________
`
`
`
`Before LYNNE E. PETTIGREW, STACEY G. WHITE, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5, 42.20
`
`
`
`
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`
`On July 11, 2017, the Board held a conference call with the parties to
`discuss Patent Owner’s request for authorization to request a Certificate of
`Correction for the subject patent of this proceeding, U.S. Patent No.
`8,013,732 B2 (“the ’732 patent”). Patent Owner contends that the Office
`made an error when printing the ’732 patent, such that claims for the benefit
`of earlier filing dates under 35 U.S.C. § 120 that appear on the face of the
`patent are inconsistent with the claims asserted in the Specification and in
`the Office’s Bibliographic Data Sheet. Petitioner opposes the request,
`contending that the correction Patent Owner seeks would be improper and
`would impact other inter partes review proceedings currently before the
`Board.
`After considering the positions of the parties expressed during the
`call, we authorize Patent Owner to file a motion, limited to seven pages, for
`authorization to request a Certificate of Correction. Petitioner is authorized
`to file an opposition to the motion, also limited to seven pages. No reply by
`Patent Owner is authorized at this time. Both the motion and opposition
`should explicitly address the specific impact that the correction sought by
`Patent Owner would have on any other inter partes review proceedings
`currently before the Board.
`
`In consideration of the foregoing, it is hereby:
`
`2
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`
`ORDERED that Patent Owner is authorized to file a motion, by July
`18, 2017, for authorization to request a Certificate of Correction of U.S.
`Patent No. 8,013,732 B2, limited to seven pages; and
`FURTHER ORDERED that Petitioner is authorized to file an
`opposition to Patent Owner’s motion, by July 25, 2017, limited to seven
`pages.
`
`
`
`
`3
`
`
`
`IPR2017-00216
`Patent 8,013,732 B2
`
`
`PETITIONER
`Don Jackson
`Wayne Helge
`James Berquist
`Walter Davis
`James Wilson
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`SIPCO-IPCO-IPR@davidsonberquist.com
`
`PATENT OWNER
`Gregory Gonsalves
`GONSALVES LAW FIRM
`gonsalves@gonsalveslawfirm.com
`
`Thomas Meagher
`MEAGHER EMANUEL LAKS GOLDBERG & LIAO, LLP
`tmeagher@meaghermanuel.com
`
`
`
`
`4
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`