`571-272-7822
`
`Paper 10
`Date: September 2, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BAYERISCHE MOTOREN WERKE, AKTIENGESELLSCHAFT &
`BMW OF NORTH AMERICA, LLC,
`Petitioner,
`v.
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner.
`
`IPR2020-00994
`Patent 7,104,347 B2
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`ARTHUR M. PESLAK, Administrative Patent Judges.
`PESLAK, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motion to File Corrected Petition (Paper 9)
` 37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`
`
`IPR2020-00994
`Patent 7,104,347 B2
`
`On July 31, 2020, Petitioner filed a Motion to File a Corrected
`Petition pursuant to 37 C.F.R. § 42.104(c). Paper 9 (“Mot.”). Petitioner
`represents that Patent Owner does not oppose the Motion. Mot. 2.
`
`Our rules provide that “[a] motion may be filed that seeks to correct a
`clerical or typographical mistake in the petition. The grant of such a motion
`does not change the filing date of the petition.” 37 C.F.R. § 42.104(c)
`(2019). Petitioner submits that a clerical mistake appears on page 22 of the
`Petition. Mot. 2. In particular, Petitioner points out that an incorrect figure
`appears on that page. Id. The Petition cites to Figure 2 of U.S. Patent
`6,188,945 B1 to Graf which is entered into the record as Exhibit 1020. Pet.
`22. Petitioner states that the clerical error is that the drawing reproduced is
`not from Exhibit 1020 but is from Graf’s UK counterpart application. Mot.
`2. We reviewed Figure 2 from Exhibit 1020 and it is substantially the same
`as the drawing appearing on page 22 of the Petition.
`
`For the foregoing reasons and for good cause shown, we grant
`Petitioner’s Motion to File a Corrected Petition replacing the drawing on
`page 22 of the Petition with the Figure 2 from Exhibit 1020.
`
`
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s Motion to File a Corrected Petition to
`correct a clerical mistake is granted; and
`
`IT IS FURTHER ORDERED that Petitioner shall file a Corrected
`Petition in accordance with this Order within 7 days of the entry of this
`Order.
`
`2
`
`
`
`IPR2020-00994
`Patent 7,104,347 B2
`FOR PETITIONER:
`
`Jeffrey D. Sanok
`Vincent J. Galluzzo
`Scott L. Bittman
`CROWELL & MORING LLP
`jsanok@crowell.com
`vgalluzzo@crowell.com
`sbittman@crowell.com
`
`
`
`FOR PATENT OWNER:
`
`Ruffin B. Cordell
`Indranil Mukerji
`Brian J. Livedalen
`FISH & RICHARDSON P.C.
`cordell@fr.com
`mukerji@fr.com
`livedalen@fr.com
`IPR36351-0004IP1@fr.com
`PTABInbound@fr.com
`
`3
`
`
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