`571-272-7822
`
` Paper 36
`Entered: March 2, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION and CAVIUM, INC.,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Cases IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)1
`____________
`
`
`
`Before STEPHEN C. SIU, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2017-01707,
`IPR2017-01714, IPR2017-01718, IPR2017-01728, IPR2017-01735,
`IPR2017-01736, and IPR2017-01737, has been joined as a petitioner in
`these proceedings. This Order applies to each referenced case. The parties
`are not authorized to use this heading style.
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On February 28, 2018, Patent Owner, Alacritech, Inc., filed
`Unopposed Motions to Enter Corrected Response and Corrected Exhibit
`2026. IPR2017-01391, Paper 31 (“Motion” or “Mot.”).2
`Initially we note Patent Owner’s Corrected Responses
`(IPR2017-01391 Paper 30; IPR2017-01392 Paper 34; IPR2017-01393
`Paper 30; IPR2017-01405 Paper 32; IPR2017-01406 Paper 34;
`IPR2017-01409 Paper 32; IPR2017-01410 Paper 32) and corrected Exhibits
`2026 were filed on February 24, 2018, without required prior authorization
`from the Board, followed four days later by Patent Owner’s Motions, also
`without require prior authorization. See 37 C.F.R. § 42.20(b). Despite
`Patent Owner’s violation of our rules, we have entered the Motions,
`Corrected Responses, and corrected Exhibits 2026. Both parties are
`reminded to review and comply with our rules. Further unauthorized filings
`may not be entered.
`
`
`2 Related, substantively identical, motions filed in other related, instituted,
`reviews are identified as follows: IPR2017-01392 Paper 35; IPR2017-01393
`Paper 31; IPR2017-01405 Paper 33; IPR2017-01406 Paper 35; IPR2017-
`01409 Paper 33; IPR2017-01410 Paper 33.
`2
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`Patent Owner alleges certain clerical errors were discovered in its
`originally filed Response and Exhibit 2026, in each of the above-identified
`cases, shortly after filing. Mot. 2. Patent Owner identifies the changes in a
`proposed replacement Patent Owner Response and in a proposed
`replacement Exhibit 2026. Id. at 2–5. Patent Owner avers that, following a
`conference between the parties, Petitioner does not oppose Patent Owner’s
`Motions. Id. at 2.
`Accordingly, Patent Owner’s Motions are granted, and therefore, it is
`ORDERED that Patent Owner’s Corrected Responses
`(IPR2017-01391 Paper 30; IPR2017-01392 Paper 34; IPR2017-01393
`Paper 30; IPR2017-01405 Paper 32; IPR2017-01406 Paper 34;
`IPR2017-01409 Paper 32; IPR2017-01410 Paper 32) and corrected
`Exhibit 2026 in each case are entered; and
`FURTHER ORDERED that originally filed documents in each
`above-identified case will be expunged as follows:
`Documents to be Expunged
`Inter Partes
`Review Number
`IPR2017-01391 Paper 29, Originally filed Exhibit 2026
`IPR2017-01392 Paper 33, Originally filed Exhibit 2026
`IPR2017-01393 Paper 29, Originally filed Exhibit 2026
`IPR2017-01405 Paper 31, Originally filed Exhibit 2026
`IPR2017-01406 Paper 33, Originally filed Exhibit 2026
`IPR2017-01409 Paper 31, Originally filed Exhibit 2026
`IPR2017-01410 Paper 31, Originally filed Exhibit 2026
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`FOR PETITIONER:
`Garland Stephens
`Adrian Percer
`David Xue
`WEIL, GOTSHAL & MANGES LLP
`garland.stephens@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
`
`Patrick D. McPherson
`David T. Xue, Ph.D.
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`DTXue@duanemorris.com
`
`
`FOR PATENT OWNER:
`
`James M. Glass
`Joseph M. Paunovich
`Brian E. Mack
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`joepaunovich@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`
`
`4
`
`
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