`571-272-7822
`
`
`
`
`
`Paper 56
`Entered: September 12, 2019
`
`
`
`
`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 Proceedings
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`
`I. DISCUSSION
`
`With Board authorization, Patent Owner filed an Unopposed Motion
`
`to Withdraw Patent Owner’s Contingent Motion to Amend (Paper 54) and a
`
`Corrected Unopposed Motion to Withdraw Patent Owner’s Contingent
`
`Motion to Amend (Paper 55, “Motion to Withdraw” or “Mot.”).1 In its
`
`Motion to Withdraw, Patent Owner seeks to withdraw Patent Owner’s
`
`Contingent Motion to Amend (Paper 39). Mot. 1. Patent Owner represents
`
`that Petitioner does not oppose the Motion to Withdraw. Id.
`
`Although Petitioner has filed its Opposition to Patent Owner’s
`
`Contingent Motion to Amend (Paper 42) and the parties subsequently
`
`exchanged further briefing on the subject (Papers 44, 48, and 52), we have
`
`not held an oral hearing and we have not entered a Final Written Decision on
`
`the merits in this proceeding.
`
`Under the particular circumstances of this case, we determine good
`
`cause exists to grant Patent Owner’s Motion to Withdraw. Accordingly,
`
`Patent Owner’s Unopposed Motion to Withdraw Patent Owner’s Contingent
`
`Motion to Amend is granted. Absent compelling reasons and our specific
`
`authorization, the parties may not file further papers or present arguments at
`
`
`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.
`
`
`
`
`2
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`the oral hearing in support of or in opposition to Patent Owner’s Contingent
`
`Motion to Amend.
`
`
`
`In consideration of the foregoing, it is hereby:
`
`II. ORDER
`
`ORDERED that Patent Owner’s Corrected Unopposed Motion to
`
`Withdraw Patent Owner’s Contingent Motion to Amend is granted; and
`
`FURTHER ORDERED that the parties may not file further papers or
`
`present arguments at the oral hearing in support of or in opposition to Patent
`
`Owner’s Contingent Motion to Amend.
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00952
`Patent 9,253,239 B2
`
`
`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
`
`
`
`
`PATENT OWNER:
`
`Chris Coulson
`Michael Shanahan
`ccoulson@bdiplaw.com
`mshanahan@generalpatent.com
`
`
`
`
`
`
`
`
`
`4
`
`
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