`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`IRON OAK TECHNOLOGIES, LLC.
`Patent Owner
`
`_________________
`
`Case IPR2018-01553
`Patent 5,699,275
`_________________
`
`MOTION TO ACCORD AN EARLIER FILING DATE
`
`
`
`
`
`
`TABLE OF CONTENTS
`
` Page
`STATEMENT OF THE PRECISE RELIEF REQUESTED .......................... 1
`I.
`STATEMENT OF MATERIAL FACTS ........................................................ 1
`II.
`III. THE PETITION SHOULD BE ACCORDING A FILING DATE OF
`AUGUST 16, 2018 .......................................................................................... 3
`IV. CONCLUSION ................................................................................................ 4
`
`
`i
`
`
`
`Case IPR2018-01553
`Patent 5,699,275
`
`I.
`
`STATEMENT OF THE PRECISE RELIEF REQUESTED
`Samsung Electronics America, Inc. (“Petitioner” or “Samsung”) respectfully
`
`submits this Motion to Accord an Earlier Filing Date, concurrently with a Petition
`
`(“the Petition”) for inter partes review of U.S. Patent No. 5,699,275 (“the ’275
`
`patent”) filed herewith.
`
`Pursuant to the Board’s email to the parties dated August 21, 2018, and in
`
`accordance with the procedures set out in A2 of the PTAB-E2E Frequently Asked
`
`Questions website,1 Samsung requests that the Petition be accorded a filing date of
`
`August 16, 2018.
`
`II.
`
`STATEMENT OF MATERIAL FACTS
`1.
`On August 15, 2018, the USPTO PALM database was taken offline
`
`for maintenance. As a result, PTAB-E2E was unavailable.
`
`2.
`
`On August 16, 2018, PTAB-E2E remained unavailable. Therefore,
`
`counsel for Samsung called the PTAB to request guidance on how to
`
`proceed with filing the Petition. The PTAB directed Samsung’s
`
`counsel to section A2 of the PTAB-E2E Frequently Asked Questions
`
`website, which outlines procedures to follow for filing a petition if
`
`
`1 See https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
`
`board/ptab-e2e-frequently-asked-questions.
`
`1
`
`
`
`Case IPR2018-01553
`Patent 5,699,275
`
`
`PTAB-E2E
`
`is down during normal business hours or other
`
`unscheduled outage periods.
`
`3.
`
`On August 16, 2018, in accordance with the procedures defined by
`
`section A2, Samsung served the Petition and supporting exhibits by
`
`USPS Priority Mail Express™ on the patent owner for the ’275 patent
`
`at the address of record in PAIR. (Exs. 1029, 1030.)
`
`4.
`
`On August 16, 2018, as a courtesy, Samsung also served the Petition
`
`and supporting exhibits via secure transfer email on patent owner’s
`
`litigation counsel and patent owner’s counsel in IPR2018-00486
`
`(involving U.S. Patent No. 5,966,658, which was asserted along with
`
`U.S. Patent No. 5,699,275 in the same litigation).2 (Ex. 1031.)
`
`5.
`
`On August 16, 2018, in accordance with the procedures defined by
`
`section A2, Samsung notified the PTAB via email that service of the
`
`Petition and supporting exhibits had been effectuated on patent owner
`
`of record for the ’275 patent and, as a courtesy, patent owner’s
`
`litigation counsel and patent owner’s counsel in IPR2018-00486. (Ex.
`
`1034.) In the email notification, Samsung provided all of the
`
`
`2 Patent owner’s counsel downloaded the Petition and supporting exhibits on
`
`August 17, 2018. (Exs. 1032, 1033.)
`
`2
`
`
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`Case IPR2018-01553
`Patent 5,699,275
`
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`information required pursuant to A2, including authorization to
`
`withdraw payment of the petition fee using deposit account D502613.
`
`(Id.)
`
`6.
`
`On August 17, 2018, as an additional courtesy, Samsung served the
`
`Petition and supporting exhibits by UPS Next Day Air® on the patent
`
`owner of record for the ’275 patent and on patent owner’s litigation
`
`counsel and patent owner’s counsel in IPR2018-00486. (Exs. 1035-
`
`38, 1040-42.)
`
`7.
`
`On August 21, 2018, the PTAB notified the parties that PTAB-E2E
`
`was functional and directed Samsung to file the petition documents
`
`along with the present motion. (Ex. 1039.)
`
`III. THE PETITION SHOULD BE ACCORDING A FILING DATE OF
`AUGUST 16, 2018
`As outlined above, on August 16, 2018, Samsung properly followed the
`
`procedures set out in A2 of the PTAB-E2E Frequently Asked Questions website
`
`for filing and serving its Petition while the PTAB-E2E system was down for
`
`maintenance. Accordingly, Samsung requests that the Petition be accorded a filing
`
`date of August 16, 2018.
`
`
`
`3
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`
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`Case IPR2018-01553
`Patent 5,699,275
`
`IV. CONCLUSION
`As discussed above, Samsung respectfully requests that the Board grant the
`
`submission of the Samsung Petition and grant the present Motion to Accord an
`
`Earlier Filing Date.
`
`Dated: August 21, 2018
`
`Respectfully submitted,
`
`By: /Joseph E. Palys/
`Joseph E. Palys (Reg. No. 46,508)
`Counsel for Petitioner
`
`
`
`4
`
`
`
`Case IPR2018-01553
`Patent 5,699,275
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 21, 2018, I caused a true and correct copy of
`
`the foregoing Motion to Accord an Earlier Filing Date to be served via express
`
`mail on the Patent Owner at the following correspondence address of record as
`
`listed on PAIR:
`
`GE GLOBAL PATENT OPERATION
`GE LICENSING (62204)
`901 MAIN AVENUE
`NORWALK CT 06851
`
`A courtesy copy was also sent via electronic mail to the Patent Owner’s
`
`
`
`litigation counsel and/or Patent Owner’s counsel in IPR2018-00486 (regarding
`
`U.S. Patent No. 8,966,658) at the following addresses:
`
`Albert B. Deaver
`JONES WALKER LLP
`811 Main Street, Suite 2900
`Houston, TX 77002
`ADeaver@joneswalker.com
`
`Robert J. McAughan, Jr.
`Jeffrey A. Andrews
`YETTER COLEMAN LLP
`811 Main Street, Suite 4100
`Houston, TX 77002
`bmcaughan@yettercoleman.com
`jandrews@yettercoleman.com
`
`
`
`
`
`
`
`By: /Joseph E. Palys/
` Joseph E. Palys (Reg. No. 46,508)
`
`
`
`
`
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