`571-272-7822
`
`
`
`
`Paper 39
`Date: November 30, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TENNANT COMPANY,
`Petitioner,
`v.
`
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner.
`
`IPR2021-00625
`Patent RE 45,415 E
`
`
`
`
`
`
`
`
`
`Before KRISTINA M. KALAN, CHRISTOPHER M. KAISER, and
`WESLEY B. DERRICK, Administrative Patent Judges.
`KALAN, Administrative Patent Judge.
`
`
`DECISION
`Patent Owner’s Motion Requesting Acceptance of Submission
`37 C.F.R. § 42.5(c)(3)
`
`
`
`
`
`
`
`IPR2021-00625
`Patent RE 45,415 E
`Patent Owner, in an e-mail dated Friday, November 19, 2021, notified
`the Board that “we have been unable to access the E2E filing system this
`evening, and have served our Patent Owner Response, an accompanying
`motion to seal, Exhibits 2116–2196, and an updated exhibit list. We intend
`to file a motion requesting acceptance of this submission once PTAB E2E is
`available.” Ex. A. On Monday, November 22, 2012, Patent Owner filed a
`motion (Paper 33, “Mot.”) to accord a filing date of November 19, 2021 to
`its Response (Papers 34 (private), 35 (public)), Motion to Seal (Paper 37),
`Exhibit List (Paper 36) and all accompanying exhibits (Exs. 2116–2196).
`For the reasons stated below, Patent Owner’s motion is granted.
`The deadline for Patent Owner to file the Response was midnight on
`Friday, November 19, 2021. See Paper 10 (Scheduling Order); Paper 32
`(Joint Stipulation to Modify the Schedule). PTAB E2E indicates that the
`Response, Motion to Seal, Exhibit List, and Exhibits 2116–2196 were filed
`on Monday, November 22, 2021.
`In support of its motion, Patent Owner’s counsel affirms that he
`repeatedly received an error message while attempting to access the PTAB
`E2E system on Friday, November 19, 2021. Mot. 1. Patent Owner’s
`counsel states that he “timely served all above-identified documents on
`opposing counsel via email at 10:14 PM CST on November 19th,” and
`completed the filing on Monday, November 22, 2021. Id.
`A late action will be excused either 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). This rule must be construed to
`secure the just, speedy, and inexpensive resolution of every proceeding.
`37 C.F.R. § 42.1(b). Weighing the prejudice to Petitioner of the delay in
`
`2
`
`
`
`IPR2021-00625
`Patent RE 45,415 E
`filing Patent Owner’s documents against the prejudice to Patent Owner of
`not considering the Response and additional filings, we determine that it
`would be in the interests of justice to excuse Patent Owner’s late action.
`Petitioner has not informed us of any opposition to Patent Owner’s motion,
`but, even assuming Petitioner did oppose the motion, we still would
`conclude that treating Patent Owner’s filings as timely was in the interests of
`justice.
`The Parties are also reminded of the duty to make a good faith effort
`to meet deadlines. See 37 C.F.R. §§ 42.5(c)(3), 42.11, 42.12.
`Based on the foregoing, it is hereby
`ORDERED that Patent Owner’s motion to accept as timely its
`submission of the Response and all accompanying papers and exhibits is
`granted.
`
`
`
`
`
`3
`
`
`
`IPR2021-00625
`Patent RE 45,415 E
`
`FOR PETITIONER:
`
`Robert Johnson
`rsjohnson@fredlaw.com
`
`FOR PATENT OWNER:
`
`Derek Vandenburgh
`dvandenburgh@carlsoncaspers.com
`
`Aaron Pederson
`apederson@carlsoncaspers.com
`
`Nathan Louwagie
`nlouwagie@carlsoncaspers.com
`
`
`
`
`
`
`
`4
`
`
`
`IPR2021-00625
`Patent RE 45,415 E
`
`EXHIBIT A
`
`
`From: Nate D Louwagie <NLouwagie@carlsoncaspers.com>
`Sent: Friday, November 19, 2021 11:16 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Johnson, R. Scott <RSJohnson@fredlaw.com>; Steinert, Adam
`<ASteinert@fredlaw.com>; Patton, Thomas <TPatton@fredlaw.com>; _Tennant
`Company/Oxygenator Water Technologies <OWT@fredlaw.com>; OWT
`<OWT@carlsoncaspers.com>
`Subject: IPR2021-00625 - Tennant Company v. Oxygenator Water Technologies, Inc.
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE
`SOURCE before responding, clicking on links, or opening attachments.
`
`Dear Board,
`
` I
`
` represent the Patent Owner Oxygenator Water Technologies, Inc. in the above caption
`matter. I write as directed by the PTAB E2E frequently asked questions system to notify
`the board that we have been unable to access the E2E filing system this evening, and
`have served our Patent Owner Response, an accompanying motion to seal, Exhibits 2116-
`2196, and an updated exhibit list. We intend to file a motion requesting acceptance of
`this submission once PTAB E2E is available.
`
`Thank you,
`
`Nate
`
`
`
`
`
`Nate D Louwagie
` Carlson Caspers
`225 S. Sixth St., Suite 4200
`Minneapolis, MN 55402
` Direct: 612.436.9656
`Cell: 612.716.3924
`NLouwagie@carlsoncaspers.com
`carlsoncaspers.com
`BIO | vCard | Disclaimers
`
`
`
`
`
`5
`
`
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