`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`HTC Corporation, and
`
`HTC America, Inc.,
`Petitioners
`
`v.
`
`INVT SPE LLC,
`Patent Owner
`__________
`
`Case No. IPR2018-01556
`
`U.S. Patent 7,206,587
`__________
`
`
`
`
`
`PETITIONERS’ MOTION TO CORRECT A TYPOGRAPHICAL
`OR CLERICAL MISTAKE REGARDING PETITION FOR INTER PARTES
`REVIEW OF U.S. PATENT 7,206,587 PURSUANT TO 37 § C.F.R. 42.104(c)
`
`
`
`
`
`
`
`
`
`
`
`Petitioner’s Motion to Correct
`(IPR2018-01556)
`
`Pursuant to 37 C.F.R. § 42.104(c) and Paper 8 of this proceeding, Petitioners
`
`hereby submit their motion to correct a typographical mistake in the Petition filed
`
`in IPR2018-01556. The Petition recites that the Gils reference was published
`
`“January 1, 1998…” instead of “January 1, 1988….” See, IPR2018-01556, Paper
`
`1 at 23. This was a typographical mistake. The Exhibit List indicates the priority
`
`date of the Gils reference (Exhibit 1010) is January 1, 1988, and Exhibit 1010 as
`
`filed, clearly states “[p]ublished 01/01/1988” on its cover page.
`
`Upon finding of unintentional mistake, the Board may grant petitioners’
`
`requests to correct petitions and declarations including incorrect text and citations.
`
`See, e.g., Silicon Labs, Inc. v. Cresta Tech Corp., IPR2014-00809, Paper No. 28 at
`
`3-6; Presidio Components v. AVX Corp., IPR2015-01332, Paper 12 at 2-4; see also
`
`Amkor Tech, Inc. v. Tessera, Inc., IPR2013-00242, Paper No. 32 at 4-6. The Board
`
`may also consider “any… effect, including… patent owner’s ability to file a
`
`preliminary response.” See, Final Rule, 77 Fed. Reg. 48,680, 48,699 (Aug. 14,
`
`2012). Here, there is no prejudice. Patent Owner acknowledged Gils was
`
`published in 1988 in its Preliminary Response. See, IPR2018-01556, Paper 7 at 1.
`
`Even if the publication date was January 1, 1998, the Gils reference would still
`
`qualify as 102(b) prior art. Accordingly, Petitioners respectfully request that this
`
`Motion to Correct a typographical mistake be granted.
`
`
`
`
`
`
`
`
`-2-
`
`
`
`
`
`
`
`
`
`Dated: December 21,
`2018
`
`
`
`
`
`
`
`
`
`
`Petitioner’s Motion to Correct
`(IPR2018-01556)
`
`
`Respectfully Submitted,
`
`
`SHEPPARD, MULLIN, RICHTER &
`HAMPTON LLP
`
`/Stephen S. Korniczky/
`Stephen S. Korniczky
`Attorney for Petitioners
`HTC CORPORATION and
`HTC AMERICA, INC.
`
`-3-
`
`
`
`
`
`
`
`Petitioner’s Motion to Correct
`(IPR2018-01556)
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned hereby certifies that on
`December 21, 2018, a copy of the foregoing PETITIONERS’ MOTION TO
`CORRECT A TYPOGRAPHICAL OR CLERICAL MISTAKE
`REGARDING PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT 7,206,587 PURSUANT TO 37 § C.F.R. 42.104(c) is being served
`electronically on the following counsel via the email addresses listed below:
`
`LEAD COUNSEL
`Cyrus A. Morton
`Reg. No. 44,954
`ROBINS KAPLAN LLP
`800 LaSalle Ave., Suite 2800
`Minneapolis, MN 55402
`CMorton@RobinsKaplan.com
`
`BACKUP COUNSEL
`Bryan J. Vogel, Reg. No. 44,389
`Derrick J. Carman, Reg. No. 68,935
`Stephanie A. Diehl, Reg. No. 71,830
`ROBINS KAPLAN LLP
`399 Park Avenue, Suite 3600
`New York, NY 10022
`BVogel@RobinsKaplan.com
`DCarman@RobinsKaplan.com
`SDiehl@RobinsKaplan.com
`ADDITIONAL BACKUP
`COUNSEL
`Li Zhu, Reg. No. 73,465
`ROBINS KAPLAN LLP
`2440 West El Camino Real, Suite 100
`Mountain View, CA 94040
`LZhu@RobinsKaplan.com
`
`ADDITIONAL BACKUP
`COUNSEL
`Christopher A. Seidl
`John K. Harting
`Shui Li, Reg. No. 74,617
`Mary Pheng
`ROBINS KAPLAN LLP
`800 LaSalle Ave., Suite 2800
`Minneapolis, MN 55402
`CSeidl@RobinsKaplan.com
`JHarting@RobinsKaplan.com
`SLi@RobinsKaplan.com
`MPheng@RobinsKaplan.com
`
`
`
`
`
`
`
`
`/Kristina Grauer/
`Kristina Grauer
`
`-4-
`
`
`
`
`
`
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