`Trials@uspto.gov
`Date: June 18, 2020
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HP INC., MICROSOFT CORPORATION, DELL INC.,
`DELL PRODUCTS LP, LENOVO (UNITED STATES) INC.,
`and MOTOROLA MOBILITY LLC,
`Petitioner,
`v.
`NEODRON LTD.,
`Patent Owner.
`
`IPR2020-00459
`Patent 8,946,574 B2
`
`Before MIRIAM L. QUINN, PATRICK M. BOUCHER, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`HOWARD, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`The due date for filing a preliminary response to the Petition in this
`proceeding was June 15, 2020. Paper 9, 2 (Notice of Filing Dated Accorded
`to Petition). The Patent Owner Preliminary Response (Paper 10) was filed 3
`minutes late, at 12:03 AM EDT, June 16 2020.1
`
`
`1 We note that the accompanying exhibits were filed on June 15.
`
`
`
`
`
`IPR2020-00459
`Patent 8,946,574 B2
`On June 17, Patent Owner sent email to the Board acknowledging the
`late filing and requesting that the Board deem the filing either timely or
`excused. According to Patent Owner, “excusing the filing by three minutes
`is supported by good cause and would be in the interests of justice.” Patent
`Owner further represented that Petitioner does not oppose the request.
`Ex. 3001.
`Our rules state that “[a] late action will be excused on a showing of
`good cause or upon a Board decision that consideration on the merits would
`be in the interests of justice.” 37 C.F.R. § 42.5(c)(3) (2019). We determine,
`based on the facts of this case that the consideration of the arguments of both
`parties prior to deciding whether to institute trial would be in the interests of
`justice.
`Based on the foregoing, we determine that it is in the interest of
`justice to excuse the late filing.
`Accordingly, it is
`ORDERED that that we excuse Patent Owner’s late filing of the
`Preliminary Response (Paper 10).
`
`
`
`
`
`
`2
`
`
`
`IPR2020-00459
`Patent 8,946,574 B2
`FOR PETITIONER:
`James Heintz
`Robert Buergi
`DLA Piper LLP
`Jim.heintz@dlapiper.com
`Robert.buergi@dlapiper.com
`
`Robert High
`Philip Eklem
`Aliza Carrano
`Finnegan, Henderson, Farabow, Garrett and Dunner, LLP
`Robert.high@finnegan.com
`Philip.eklem@finnegan.com
`Aliza.carrano@finnegan.com
`
`Christopher Douglas
`Caleb Bean
`Alston & Bird LLP
`Christopher.douglas@alston.com
`Caleb.bean@alston.com
`
`FOR PATENT OWNER:
`Kent Shum
`Neil Rubin
`Russ August & Kabat
`kshum@raklaw.com
`nrubin@raklaw.com
`
`3
`
`
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