`571-272-7822
`
`
`
`
`
`
`
`Paper 15
`Entered: July 26, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION and HP INC.,
`Petitioner,
`v.
`SYNKLOUD TECHNOLOGIES, LLC,
`Patent Owner.
`
`IPR2020-01269
`IPR2020-012701
`Patent 9,219,780 B1
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 We exercise our discretion to issue a single Order to be entered in
`each case using a joint caption. For efficiency, we cite to the papers filed in
`IPR2020-01269 unless otherwise indicated. The parties are not permitted to
`use this caption.
`
`
`
`
`
`IPR2020-01269, IPR2020-01270
`Patent 9,219,780 B1
`
`
`With prior Board authorization (Ex. 3001), Patent Owner filed an
`unopposed Motion to Excuse Late Action. Paper 14 (“Mot.” or “Motion”).
`In its Motion, Patent Owner requests that we excuse the late filing of its
`Patent Owner Response and associated exhibits. Mot. 1. Patent Owner
`asserts that, as a result of a docketing error, it filed its Patent Owner
`Response on July 1, 2021, one (1) day after the due date of June 30, 2021.
`Id. Patent Owner provides a Declaration executed by Lead Counsel, stating
`that Patent Owner’s “counsel unintentionally and inadvertently entered on
`his docket for IPR2020-01269 and -01270 the due date for the Patent Owner
`Response for a different IPR.” Ex. 2040 ¶¶ 4–5. Patent Owner states that
`Petitioner does not oppose the Motion. Mot. 1.
`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). Patent
`Owner’s explanation of the delay shows that the short delay of 1 day was
`unintentional. We also note that Petitioner does not oppose Patent Owner’s
`request. But most importantly, we conclude that it would be in the interests
`of justice to consider Patent Owner’s arguments and evidence before coming
`to a final decision on the patentability of any claim for which we have
`instituted an inter partes review.
`Accordingly, it is
`ORDERED that Patent Owner’s late action is excused.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2020-01269, IPR2020-01270
`Patent 9,219,780 B1
`
`FOR PETITIONER:
`
`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
`
`
`FOR PATENT OWNER:
`
`Gregory J. Gonsalves
`Yeasun Yoon
`CAPITOL IP LAW GROUP, PLLC
`gonsalves@capitoliplaw.com
`yoon@capitoliplaw.com
`
`
`
`
`3
`
`
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