`571-272-7822
`
`
`
`
`
`Paper 11
`Entered: August 13, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and MINN CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`On April 23, 2018, United Patents Inc. (“Petitioner”) filed a Petition
`(Paper 2, “Pet.”) requesting an inter partes review of certain claims of U.S.
`Patent No. 9,253,239 B2 (“the ’239 patent”). On May 23, 2018, the Board
`mailed a Corrected Notice of Filing Date Accorded to Petition, setting the
`due date for Patent Owner’s Preliminary Response to be August 23, 2018.
`Paper 4, 1.
`Patent Owner filed, upon our authorization, an unopposed Motion
`requesting the due date for Patent Owner’s Preliminary Response be reset to
`September 24, 2018. See Unopposed Motion to Modify Due Date for Patent
`Owner’s Preliminary Response (Paper 8, “Mot.”), 2.1 Citing the Certificate
`of Service in the Petition and copies of the official record for the ’239 patent
`at the Office, Patent Owner asserts that the Petition was not served at the
`correspondence address of record for the ’239 patent when the Petition was
`filed. Mot. 2–3 (citing Pet. 73; Exs. 2001, 2002). Patent Owner indicates
`that Petitioner does not oppose Patent Owner’s request. Id. at 3.
`Based on our review of the papers and submitted evidence, we are
`persuaded that the Petition was not served properly under our rules. See
`37 C.F.R. §§ 42.105 and 42.106. Accordingly, Patent Owner’s request to
`modify the due date for Patent Owner’s Preliminary Response is granted.
`
`
`1 Paper 8, as filed, does not include page numbering as required by our rules.
`Although the error here is harmless, the parties are reminded to format all
`papers and exhibits in accordance with 37 C.F.R. §§ 42.6 and 42.63. For
`purposes of this Order, we refer to the sequential page numbers for Paper 8.
`
`
`
`
`2
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner may file its Preliminary Response by
`September 24, 2018. See 37 C.F.R. § 42.107(a).
`
`
`
`
`
`3
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`PETITIONER:
`Jonathan Stroud
`Roshan Mansinghanin
`Jonathan@unifiedpatents.com
`roshan@unifiedpatents.com
`
`David L. Cavanaugh
`Daniel V. Williams
`Jonathan E. Robe
`David.Cavanaugh@wilmerhale.com
`Daniel.Williams@wilmerhale.com
`Jonathan.Robe@Wilmerhale.com
`
`
`PATENT OWNER:
`Chris J. Coulson
`Lauren N. Robinson
`ccoulson@bdiplaw.com
`lrobinson@bdiplaw.com
`
`
`
`
`
`4
`
`
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