`571-272-7822
`
`Paper 11
`Entered: December 2, 2021
`
`
`
`
`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 6,968,248 B1)
`IPR2021-01344 (Patent 6,907,305 B2)
`_______________
`
`
`Before MIRIAM L. QUINN, JOHN D. HAMANN, and DAVID COTTA,
`Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Excuse Late Action
`37 C.F.R. § 42.5(c)(3)
`
`
`
`
`IPR2021-01342 (Patent 6,968,248 B1)
`IPR2021-01344 (Patent 6,907,305 B2)
`
`
`
`
`
`Upon authorization from the Board, Patent Owner filed an unopposed
`Motion to Excuse the Late Filing of the Preliminary Response. IPR2021-01342,
`Paper 9 (“Motion” or “Mot.”).1 The Motion represents that despite Patent Owner’s
`efforts to file the Preliminary Response for each of the captioned proceedings on
`the due date of November 19, 2021, it was unable to do so because of problems
`with accessing the PTAB E2E filing system. Mot. 2. Patent Owner represents that
`the Preliminary Responses were nonetheless served via email to Petitioner by the
`deadline. Id.; see also Ex. A. Patent Owner filed the Preliminary Responses on
`November 22, 2021, concurrently with the motion to excuse the late filing.
`IPR2021-01342, Paper 10; IPR2021-01344, Paper 10. Petitioner does not oppose
`the Motion. Id. at 3.
`After considering the arguments presented, we grant the Motion because of
`good cause shown, in accordance with 37 C.F.R. § 42.5(c)(3). The record shows
`that at 11:41 pm Eastern on Friday, November 19, 2021, Patent Owner served the
`Preliminary Responses to Petitioner with the explanation that “the PTAB E2E
`system is not functioning.” Mot. Ex. A. We have confirmed internally that the
`server for the PTAB E2E filing system showed errors during the time frame that
`Patent Owner alleges the system was inaccessible. Accordingly, we find good
`cause exists for excusing the late filing of the Preliminary Response.
`
`It is thereby,
`ORDERED that Patent Owner’s Motion to Excuse Late Action is granted.
`
`
`
`
`
`1 The same motion has been filed in IPR2021-01344, as Paper 9. Since the Motion
`filed in both captioned proceedings are substantively identical, we hereinafter refer
`to the motion filed in IPR2021-01342 as representative.
`2
`
`
`
`
`
`
`
`
`IPR2021-01342 (Patent 6,968,248 B1)
`IPR2021-01344 (Patent 6,907,305 B2)
`
`PETITIONER:
`
`Eric A Krause (Lead Counsel)
`Christopher M. Gallo
`
`ekrause@axinn.com
`cgallo@axinn.com
`
`
`PATENT OWNER:
`
`Timothy Devlin (Lead Counsel)
`Alex Chan
`Joel W. Glazer
`Henrik Parker
`
`TD-PTAB@devlinlawfirm.com
`achan@devlinlawfirm.com
`jglazer@devlinlawfirm.com
`hparker@devlinlawfirm.com
`
`
`3
`
`
`
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