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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLIED MATERIALS, INC.,
`Petitioner
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`v.
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`OCEAN SEMICONDUCTOR LLC,
`Patent Owner
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`IPR2021-01342
`Patent No. 6,968,248
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`PATENT OWNER’S UNOPPOSED MOTION TO EXCUSE LATE FILING
`OF ITS
`PRELIMINARY RESPONSE TO THE PETITION
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`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
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`Pursuant to 37 C.F.R. § 42.6(b), Patent Owner Ocean Semiconductor LLC
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`(“Ocean” or “Patent Owner”) requests that the Board accept late submission of
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`Patent Owner’s Preliminary Response to the Petition for Inter Partes Review
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`(“Petition”) of U.S. Patent No. 6,968,248 (“the ’248 Patent”). Submitted herewith
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`is a copy of the service email sent to opposing counsel on the due date of
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`November 19, 2021 (attached as Exhibit A), served timely under the Notice of
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`Filing Date and Time for Filing Patent Owner Preliminary Response. See Paper
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`No. 3, PTAB August 19, 2021 Notice of Accord Filing Date.
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`Patent Owner was prevented from timely submission of its Preliminary
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`Response due to the unavailability of the PTAB E2E site, on November 19, 2021.
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`Patent Owner attempted to access the PTAB E2E filing system between
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`approximately 10:30 p.m. ET and continued to attempt to access the system
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`intermittently until approximately 12:00 p.m. ET. In addition, counsel for Patent
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`Owner called the Board and left a voice mail message. In accordance with the
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`guidance provided in the PTAB E2E’s FAQ section for submissions during an
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`outage, Patent Owner timely served counsel for Petitioner with the Preliminary
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`Response and accompanying exhibits on November 19, 2021 via electronic mail.
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`Concurrent to our prompt and timely service of the Patent Owner’s Preliminary
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`Response on the Petitioner, we contacted the Board via email regarding the
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`unavailability of the PTAB E2E site. A copy of this email to the Board, which was
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`2
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`sent on the due date of November 19, 2021 by Patent Owner’s counsel, is attached
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`herein as Exhibit B.
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`Counsel for Patent Owner has contacted counsel for Petitioner, and counsel
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`for Petitioner indicated that it does not oppose Patent Owner’s request.
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`For the foregoing reasons, Patent Owner respectfully requests that its Motion
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`to Excuse Late Filing of its Preliminary Response to the Petition be granted, and
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`Patent Owner’s Preliminary Response to the Petition for Inter Partes Review of
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`U.S. Patent No. 6,968,248 be entered into the record as being timely filed on
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`November 19, 2021.
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`Dated: November 22, 2021
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`DEVLIN LAW FIRM LLC
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`/ 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
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`Attorneys for Patent Owner
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing document was served
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`electronically via electronic mail on November 22, 2021, on the following counsel
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`of record for Petitioners:
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`COUNSEL FOR WESTERN DIGITAL TECHNOLOGIES, INC.
`LEAD COUNSEL
`BACKUP COUNSEL
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`Eric A. Krause (Reg. No. 62,329)
`Christopher M. Gallo (Reg. No. 70,291)
`Axinn Veltrop & Harkrider LLP
`Axinn Veltrop & Harkrider LLP
`560 Mission Street
`1901 L Street NW
`San Francisco, California 94105
`Washington, DC 20036
`Telephone: (415) 490-1491
`Telephone: (202) 721-5413
`Facsimile: (415) 490-2001
`Facsimile: (202) 912-4700
`ekrause@axinn.com
`cgallo@axinn.com
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`/s/ Timothy Devlin
` Timothy Devlin
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`4
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`EXHIBIT A
`EXHIBIT A
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`
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`Feng Xu
`Friday, November 19, 2021 11:41 PM
`ekrause@axinn.com; cgallo@axinn.com
`Peter Mazur; Alex Chan; Paul Richter; Joel Glazer; Henrik Parker; TD-PTAB
`IPR2021-01342 - Patent Owner's Preliminary Response
`2021-11-19 IPR2021-01342 Patent Owner's Preliminary Response.pdf
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`From:
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
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`Counsel,
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`Please see attached for Patent Owner's Preliminary Response. These documents have not yet been filed, as the PTAB
`E2E system is not functioning.
`Exhibits2001‐2037 can be downloaded here: https://devlinlawfirm.sharefile.com/d‐
`s8da4a6a4d51a498d9c8f04eed1aa1936
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`Regards,
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`1
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`EXHIBIT B
`EXHIBIT B
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`
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`From:
`Sent:
`To:
`Cc:
`Subject:
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`Peter Mazur
`Friday, November 19, 2021 11:42 PM
`Trials@uspto.gov
`ekrause@axinn.com; cgallo@axinn.com; Timothy Devlin; Alex Chan; Feng Xu
`IPR2021-01342 & IPR2021-01344
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`Dear Honorable Board:
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`Patent Owner Ocean Semiconductor LLC served its Patent Owner’s Preliminary Responses and Exhibits in IPR2021‐01342
`& IPR2021‐01344 on counsel for Petitioner Applied Materials, Inc. by email in lieu of the E2E system. Devlin Law Firm
`staff made multiple attempts to log on to E2E unsuccessfully and attempted to contact the Board by phone at 571‐272‐
`9797.
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`The documents served were:
`Patent Owner’s Preliminary Response, IPR2021‐01342 (U.S. Patent No. 6,968,248)
`Patent Owner’s Preliminary Response, IPR2021‐01344 (U.S. Patent No. 6,907,305)
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`The points of contact for these Patent Owner’s Preliminary Responses are:
`Timothy Devlin, tdevlin@devlinlawfirm.com
`Alex Chan, achan@devlinlawfirm.com
`Peter Mazur, pmazur@devlinlawfirm.com
`Feng Xu, fxu@devlinlawfirm.com
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`Patent Owner intends to file a later‐filed motion requesting acceptance of the submission once PTAB E2E is available.
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`Respectfully,
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`Peter Mazur (on behalf of Timothy Devlin)
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`1
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