`571-272-7822
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`Paper 56
`Entered: September 12, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00952
`Patent 9,253,239 B2
`
`
`
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`Before BRYAN F. MOORE, BRIAN J. McNAMARA, and MINN CHUNG,
`Administrative Patent Judges.
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`CHUNG, Administrative Patent Judge.
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`
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`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)
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`IPR2018-00952
`Patent 9,253,239 B2
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`I. DISCUSSION
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`With Board authorization, Patent Owner filed an Unopposed Motion
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`to Withdraw Patent Owner’s Contingent Motion to Amend (Paper 54) and a
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`Corrected Unopposed Motion to Withdraw Patent Owner’s Contingent
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`Motion to Amend (Paper 55, “Motion to Withdraw” or “Mot.”).1 In its
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`Motion to Withdraw, Patent Owner seeks to withdraw Patent Owner’s
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`Contingent Motion to Amend (Paper 39). Mot. 1. Patent Owner represents
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`that Petitioner does not oppose the Motion to Withdraw. Id.
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`Although Petitioner has filed its Opposition to Patent Owner’s
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`Contingent Motion to Amend (Paper 42) and the parties subsequently
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`exchanged further briefing on the subject (Papers 44, 48, and 52), we have
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`not held an oral hearing and we have not entered a Final Written Decision on
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`the merits in this proceeding.
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`Under the particular circumstances of this case, we determine good
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`cause exists to grant Patent Owner’s Motion to Withdraw. Accordingly,
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`Patent Owner’s Unopposed Motion to Withdraw Patent Owner’s Contingent
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`Motion to Amend is granted. Absent compelling reasons and our specific
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`authorization, the parties may not file further papers or present arguments at
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`1 Papers 54 and 55 appear to be essentially identical. During the Prehearing
`Conference held on September 12, 2019, Patent Owner represented that the
`substantive portions of Papers 54 and 55 are identical and explained that the
`reason for filing Paper 55 was to correct formatting of the signature block
`and include a certification on word count pursuant to 37 C.F.R. § 42.24(d).
`Although Patent Owner did not seek specific authorization to file Paper 55,
`based on Patent Owner’s representation and explanation, we accept Paper 55
`as authorized.
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`2
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`IPR2018-00952
`Patent 9,253,239 B2
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`the oral hearing in support of or in opposition to Patent Owner’s Contingent
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`Motion to Amend.
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`In consideration of the foregoing, it is hereby:
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`II. ORDER
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`ORDERED that Patent Owner’s Corrected Unopposed Motion to
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`Withdraw Patent Owner’s Contingent Motion to Amend is granted; and
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`FURTHER ORDERED that the parties may not file further papers or
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`present arguments at the oral hearing in support of or in opposition to Patent
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`Owner’s Contingent Motion to Amend.
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`3
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`IPR2018-00952
`Patent 9,253,239 B2
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`PETITIONER:
`
`Roshan Mansinghani
`Alyssa J. Holtslander
`David Cavanaugh
`Dan Williams
`Jonathan Robe
`Jonathan Stroud
`roshan@unifiedpatents.com
`alyssa@unifiedpatents.com
`david.cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`jonathan.robe@wilmerhale.com
`jonathan@unifiedpatents.com
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`PATENT OWNER:
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`Chris Coulson
`Michael Shanahan
`ccoulson@bdiplaw.com
`mshanahan@generalpatent.com
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`4
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