`571-272-7822
`
`
`
`
`Paper: 9
`Entered: September 21, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`v.
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`____________
`
`IPR2020-00905 (Patent 10,255,479 B2)
` IPR2020-00906 (Patent 10,255,479 B2)1
`____________
`
`
`
`Before BRYAN F. MOORE, JOHN F. HORVATH, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case.
`
`
`
`IPR2020-00905 (Patent 10,255,479 B2)
`IPR2020-00906 (Patent 10,255,479 B2)
`
`
`I. INTRODUCTION
`On August 26, 2020, Patent Owner, copying counsel for Petitioner,
`emailed the Board indicating it had (a) filed incorrect versions of its
`preliminary responses as Paper 7 in IPR2020-00905 (“the ’905 case”) and
`IPR2020-00906 (“the ’906 case”) due to clerical error, (b) immediately
`identified that error, and (c) filed correct versions of its preliminary
`responses in each of these cases as Paper 8. See Ex. 3001. Patent Owner
`requests “the incorrect filings [be] expunged in each case,” and avers that
`counsel for Petitioner has indicated it would “not take a position one way or
`another on this issue.” Id.
`
`II. DISCUSSION
`Upon review of the dockets in the ’905 and ’906 cases, it appears
`Patent Owner initially and timely filed the preliminary response intended for
`the ’906 case in each of the ’905 and ’906 cases. Compare IPR2020-00905,
`Paper 7 with IPR2020-00906, Paper 7. Recognizing this error, Patent Owner
`timely filed the preliminary response intended for the ’905 case in the ’905
`case. See IPR2020-00905, Paper 8. Patent Owner also filed a modified
`version of the preliminary response intended for the ’906 case in the ’906
`case, the only modification appearing to be a formatting correction to § IV
`of the Table of Contents. Compare IPR2020-00906, Paper 7 with id., Paper
`8.
`
`Under the circumstances presented, as explained above, we consider it
`appropriate to expunge Paper 7 in each of the ’905 and ’906 cases.
`
`
`
`2
`
`
`
`IPR2020-00905 (Patent 10,255,479 B2)
`IPR2020-00906 (Patent 10,255,479 B2)
`
`
`III. ORDER
`
`It is hereby:
`ORDERED that Paper 7 in IPR2020-00905 be expunged; and
`FURTHER ORDERED that Paper 7 in IPR2020-00906 be expunged.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-00905 (Patent 10,255,479 B2)
`IPR2020-00906 (Patent 10,255,479 B2)
`
`For PETITIONER:
`Michael Parsons
`Andrew Ehmke
`Jordan Maucotel
`HAYNES & BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@ haynesboone.com
`jordan.maucotel@ haynesboone.com
`
`
`For PATENT OWNER:
`Neil Rubin
`C. Jay Chung
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`jchung@raklaw.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
