`571-272-7822
`
`
`
`
`
` Paper No. 8
` Entered: August 8, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VISIONSENSE CORP.,
`Petitioner,
`
`v.
`
`NOVADAQ TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01426
`Patent 8,892,190 B2
`____________
`
`
`Before HYUN J. JUNG, MICHAEL L. WOODS, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2017-01426
`Patent 8,892,190 B2
`
`
`Petitioner filed a “Declaration of David J. Langer, M.D.” as a paper,
`rather than as an exhibit. See Paper 2. In accordance with our rules, “[a]ll
`evidence must be filed in the form of an exhibit.” 37 C.F.R. § 42.63(a); see
`also 37 C.F.R. § 42.6 and Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,758 (Aug. 14, 2012). Also, the filed evidence does not comply
`with our requirements regarding, for example, exhibit numbers, trial
`numbers, and page numbers. See 37 C.F.R. § 42.63(d).
`Based on an initial review of the Petition, refiling the declaration as an
`exhibit and refiling the exhibits in accordance with our rules would not
`require changing citations in the Petition.
`Finally, Paper 1 appears to be only the caption page for an attempted
`filing of a petition on May 11, 2017. See also Paper 4 (corrected Petition
`filed on May 22, 2017); Paper 5 (Notice according filing date of May 22,
`2017 to the corrected Petition).
`Accordingly, it is
`ORDERED that Petitioner refile the “Declaration of David J. Langer,
`M.D.” as an exhibit in accordance with our rules; and
`FURTHER ORDERED that Petitioner refile its exhibits in accordance
`with 37 C.F.R. § 42.63 within one week of the date of this Order, along with
`a certification filed as a paper confirming that the exhibits have been refiled
`with no changes other than those required by our rules.
`After the exhibits have been refiled satisfactorily, the Board will
`expunge Paper 2, the originally filed exhibits, and Paper 1.
`
`
`
`
`
`2
`
`
`
`IPR2017-01426
`Patent 8,892,190 B2
`
`PETITIONER:
`Joseph M. Casino
`Abraham Kasdan
`WIGGIN AND DANA LLP
`jcasino@wiggin.com
`akasdan@wiggin.com
`
`PATENT OWNER:
`Jonathan Bockman
`Matthew I. Kreeger
`Christopher Gloria
`MORRISON & FOERSTER LLP
`JBockman@mofo.com
`MKreeger@mofo.com
`CGloria@mofo.com
`57767-190-IPR@mofo.com
`
`
`
`
`3
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`