`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES, LLC
`Patent Owner
`
`IPR2018-00952
`Patent 9,253,239
`
`
`UNOPPOSED MOTION TO MODIFY DUE DATE
`FOR PATENT OWNER’S PRELIMINARY
`RESPONSE
`
`Paper No. 8
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`
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`IPR2018-00952
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`Patent Owner respectfully requests that the Board extend the time for filing
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`of Patent Owner’s Preliminary Response for IPR2018-00952 (U.S. Patent No.
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`9,253,239 (the “’239 patent”)) to September 24, 2018, due to an issue with service
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`of the Petition.
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`The Board authorized Patent Owner Bradium Technologies, LLC
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`(“Bradium”) to file this motion to modify the due date for Patent Owner’s
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`Preliminary Patent Response in an August 8, 2018, e-mail, in response to a joint
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`request by Bradium and Unified Patents Inc. (“Unified,” and collectively the
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`“Parties”) to the Board that was submitted by e-mail on August 2, 2018.
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`The Board issued a notice of filing date accorded on May 23, 2018, setting
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`the last day for filing of the Patent Owner Preliminary Response to three months
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`after the date of the notice (Paper No. 4). However, Patent Owner was not served
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`at the correspondence address of record. See 37 CFR 42.105.
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`As shown in Exhibit 2001, the correspondence address of record and the
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`attorney/agent information for the ’239 patent is as follows:
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`Correspondence Address
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`Attorney/Agent Information
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`
`
`
`
`Bradium Technologies LLC
`75 Montebello Road
`Suffern, NY 10901
`Customer No. 137611
`Michael Shanahan, Reg. No. 43,914
`Anatoly Weiser, Reg. No. 43,229
`
`
`
`
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`IPR2018-00952
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`The USPTO acknowledged the above address in a March 11, 2016, Notice
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`of Acceptance of Power of Attorney. Ex. 2002 at 1.
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`As shown by the Petition Certificate of Service (Paper No. 2 at 73), the
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`Petition was served upon David Crosby, Mintz Levin, One Financial Center,
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`Boston MA 02111, Customer No. 30623. Therefore, the Petition was not served
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`at the correspondence address of record. Counsel for Patent Owner discovered
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`the defective service upon being retained to represent Patent Owner and
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`submitting Mandatory Notices and Power of Attorney on July 20, 2018.
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`Thereafter, the Parties conferred regarding this service issue and agreed on
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`a resolution which would provide Patent Owner with additional time to file its
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`Preliminary Patent Owner Response. Accordingly, Petitioner does not oppose
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`this motion, and no opposition or reply will be filed regarding this motion.
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`The Parties also wish to inform the Board that they are discussing discovery
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`requested by Patent Owner, and believe that the additional time requested will be
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`of assistance to the parties in their discussions.
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`The Parties therefore respectfully request that the Board issue an Order
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`resetting the last day for filing of Patent Owner Preliminary Response to
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`September 24, 2018.
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`
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`IPR2018-00952
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`Respectfully submitted,
`
`/s/ Chris J. Coulson
`
`Chris J. Coulson
`Bunsow De Mory LLP
`101 Brambach Rd.
`Scarsdale, NY 10583
`
`Michael N. Zachary
`Lauren N. Robinson
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`
`
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
`
`IPR2018-00952
`
`I hereby certify that on August 8, 2018, I caused a true and correct copy of
`the foregoing motion to modify the due date for Patent Owner’s Preliminary Patent
`Response to be served via electronic mail to the attorneys of record at the
`following email addresses:
`
`David L. Cavanaugh
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`david.cavanaugh@wilmerhale.com
`
`Daniel V. Williams
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`daniel.williams@wilmerhale.com
`
`Jonathan E. Robe (Reg. No. 76,033)
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`jonathan.robe@wilmerhale.com
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
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`IPR2018-00952
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`Respectfully submitted,
`
`/s/ Chris J. Coulson
`Chris J. Coulson
`Bunsow De Mory LLP
`101 Brambach Rd.
`Scarsdale, NY 10583
`
`Counsel for Patent Owner
`
`
`
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`
`
`
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