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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLIED MATERIALS, INC.,
`Petitioner
`
`v.
`
`OCEAN SEMICONDUCTOR LLC,
`Patent Owner
`
`IPR2021-01342
`Patent No. 6,968,248
`
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION TO EXCUSE LATE FILING
`OF ITS OPPOSITION TO PETITIONER’S MOTION TO STRIKE
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Submitted Electronically via PTAB E2E
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(b), Patent Owner Ocean Semiconductor LLC
`
`(“Ocean” or “Patent Owner”) requests that the Board accept late submission of
`
`Patent Owner’s Opposition to Petitioner’s Motion to Strike (“Opposition”) and
`
`Exhibit 2046. Submitted herewith is a copy of the service email sent to opposing
`
`counsel on the due date of October 14, 2022 (attached as Exhibit A).
`
`Patent Owner was prevented from timely submission of its Opposition due
`
`to technical issues related to the PTAB P-TACTS system, on October 14, 2022.
`
`Specifically, Patent Owner was unable to file through P-TACTS, as IPR2021-
`
`01342 was not included on the docket list for the account associated with Patent
`
`Owner’s Counsel. Devlin Law Firm staff contacted the Board regarding this issue
`
`and was informed that the issue would not likely be resolved until the following
`
`Monday, October 17, 2022. In accordance with the guidance provided in the
`
`PTAB E2E’s FAQ section for submissions during an outage, Patent Owner timely
`
`served counsel for Petitioner with the Opposition and accompanying exhibit on
`
`October 14, 2022 via electronic mail. Concurrent to our prompt and timely service
`
`of the Patent Owner’s Opposition on Petitioner, we contacted the Board via email.
`
`A copy of this email to the Board, which was sent on the due date of October 14,
`
`2022 by Patent Owner’s counsel, is attached herein as Exhibit B.
`
`Counsel for Petitioner has indicated that it does not oppose Patent Owner’s
`
`request.
`
`2
`
`
`
`For the foregoing reasons, Patent Owner respectfully requests that its Motion
`
`to Excuse Late Filing of its Opposition to Petitioner’s Motion to Strike be granted,
`
`and Patent Owner’s Opposition and Exhibit 2046 be entered into the record as
`
`being timely filed on October 14, 2022.
`
`
`
`Dated: October 17, 2022
`
`
`
`
`
`DEVLIN LAW FIRM LLC
`
`/ Timothy Devlin /
`Timothy Devlin
`Registration No. 41,706
`TD-PTAB@devlinlawfirm.com
`Alex Chan
`Registration No. 52,713
`achan@devlinlawfirm.com
`1526 Gilpin Ave.
`Wilmington, DE 19806
`(302) 449-9010
`
`Attorneys for Patent Owner
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that the foregoing document was served
`
`electronically via electronic mail on October 17, 2022, on the following counsel of
`
`record for Petitioners:
`
`COUNSEL FOR APPLIED MATERIALS, INC.
`LEAD COUNSEL
`BACKUP COUNSEL
`
`
`Eric A. Krause (Reg. No. 62,329)
`Pan C. Lee (pro hac vice)
`ekrause@axinn.com
`Jeannine Yoo Sano (pro hac vice)
`
`Don Zhe Nan Wang (pro hac vice)
`Axinn Veltrop & Harkrider LLP
`plee@axinn.com
`560 Mission Street
`jsano@axinn.com
`San Francisco, CA 94105
`dwang@axinn.com
`
`Telephone: (415) 490-1491
`Facsimile: (415) 490-2001
`Axinn Veltrop & Harkrider LLP
`
`560 Mission Street
`San Francisco, CA 94105
`Telephone: (415) 490-1491
`Facsimile: (415) 490-2001
`
`Additional email for service: applied-ocean@axinn.com
`
`/s/ Timothy Devlin
` Timothy Devlin
`
`
`
`4
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`Attachments:
`
`Nicole Winningham
`ekrause@axinn.com; plee@axinn.com; Sano, Jeannine; dwang@axinn.com; Applied-Ocean@axinn.com
`oceansemi-dlf; Joseph Zito
`IPR2021-01342, IPR2021-01344, IPR2021-01340, and IPR2021-01339 - Oppositions to Petitioner’s Motion to
`Strike
`Friday, October 14, 2022 7:07:52 PM
`2022-10-14 IPR2021-01344 Patent Owner"s Opp"n to Motion to Strike - FINAL.pdf
`image001.png
`Ex. 2046, 1344 - September 15 Email Exchange between AMAT and Ocean.pdf
`2022-10-14 IPR2021-01342 Patent Owner"s Opp"n to Motion to Strike FINAL (003).pdf
`Ex. 2046, 1342 - September 15 Email Exchange between AMAT and Ocean.pdf
`2022-10-14 IPR2021-01340 Patent Owner"s Opposition to Petitioner"s Motion to Strike_FINAL.pdf
`Ex. 2045, 1340 - September 15 Email Exchange between AMAT and Ocean.pdf
`2022-10-14 IPR2021-01339 FINAL Patent Owner"s Opposition to Motion to Strike.pdf
`Ex. 2037, 1339 - September 15 Email Exchange between AMAT and Ocean - FINAL.pdf
`
`Counsel,
`
`Attached please find:
`
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01339 (U.S. Patent No.
`8,686,538) and Ex. 2037
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01340 (U.S. Patent No.
`6,725,402) and Ex. 2045
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01342 (U.S. Patent No.
`6,968,248) and Ex. 2046
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01344 (U.S. Patent No.
`6,907,305) and Ex. 2046
`
`Thank you,
`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Joel Glazer
`"Trials@USPTO.gov"
`oceansemi-dlf; Joseph Zito; plee@axinn.com; ekrause@axinn.com; Sano, Jeannine; dwang@axinn.com; Applied-
`Ocean@axinn.com
`IPR2021-01339, -01340, -01342, -01344: Patent Owner"s Oppositions to Petitioner"s Motions to Strike
`Friday, October 14, 2022 7:10:09 PM
`image001.png
`
`Dear Honorable Board:
`
`Patent Owner Ocean Semiconductor LLC has been unable to file its Oppositions to Petitioner’s
`Motion to Strike and associated exhibits in IPR2021-01339, IPR2021-01340, IPR2021-01342 and
`IPR2021-01344 as these cases do not currently appear on the docket list for the P-TACTS account
`belonging to Patent Owner’s counsel. Devlin Law Firm staff was in contact with the Board’s staff to
`resolve this issue today and was informed that it would likely not be resolved until Monday, October
`17th.
`
`Petitioner has served the following documents today on counsel for Petitioner Applied Materials,
`Inc. by email:
`
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01339 (U.S. Patent No.
`8,676,538) and Ex. 2037
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01340 (U.S. Patent No.
`6,725,402) and Ex. 2046
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01342 (U.S. Patent No.
`6,968,248) and Ex. 2046
`Patent Owner’s Opposition to Petitioner’s Motion to Strike, IPR2021-01344 (U.S. Patent No.
`6,907,305) and Ex. 2045
`
`The points of contact for these Patent Owner’s Oppositions to Petitioner’s Motion to Strike are:
`Timothy Devlin, tdevlin@devlinlawfirm.com
`Alex Chan, achan@devlinlawfirm.com
`Joel Glazer, jglazer@devlinlawfirm.com
`Feng Xu, fxu@devlinlawfirm.com
`
`Patent Owner intends to file a later-filed motion requesting acceptance of the submission once
`these cases appear in the P-TACTS docket list.
`
`Respectfully,
`Joel Glazer (Reg. No. 76,493)
`
`
`
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