`Tel: 571-272-7822
`
`
`Paper 36
`Entered: January 4, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`PATRICK ZUILI,
`Patent Owner.
`____________
`
`Case CBM2016-00022
`Patent 8,326,763 B2
`____________
`
`
`
`Before JAMESON LEE, GLENN J. PERRY, and MIRIAM L. QUINN,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`CBM2016-00022
`Patent 8,326,763 B2
`
`
`On December 27, 2016, we denied Petitioner’s request for an
`
`extension of time to file a request for oral hearing. Paper 35. On December
`
`29, 2016, Petitioner sent an email to the Board, requesting authorization
`
`(1) to file a motion for extension of time under 37 C.F.R. § 42.5(c)(2) to file
`
`a request for oral hearing, or (2) a motion to excuse late filing of a request
`
`for oral hearing under 37 C.F.R. § 42.5(c)(3).
`
`Petitioner’s email communication of December 29, 2016, is improper
`
`because it was excessively long and includes arguments that should not be
`
`present in email communications which by default are not made of record.
`
`Petitioner essentially has put its motion within the email communication.
`
`That is improper. The email communication also was improper for
`
`requesting relief that was already denied, i.e., a request for an extension of
`
`time to file a request for oral argument.
`
`ORDER
`
`It is
`
`ORDERED that for reasons discussed above, Petitioner’s email
`
`request of December 29, 2017, is dismissed; and
`
`FURTHER ORDERED that if Petitioner desires to file a motion to
`
`excuse late filing under 37 C.F.R. § 42.5(c)(3), it may request a telephone
`
`conference call, within two days of the date of this Order, to seek
`
`authorization to file the motion, and should note that the applicable standard
`
`under 37 C.F.R. § 42.5(c)(3) is “in the interest of justice,” which is higher
`
`than a good cause showing under 37 C.F.R. § 42.5(c)(2); and
`
`FURTHER ORDERED that a copy of Petitioner’s email
`
`communication of December 29, 2017, is entered in the record as Exhibit
`
`3005.
`
`2
`
`
`
`3
`
`CBM2016-00022
`Patent 8,326,763 B2
`
`
`Petitioner:
`
`Saqib Siddiqui
`ssiddiqui@mayerbrown.com
`
`
`
`Patent Owner (pro se):
`
`Patrick Zuili
`patrick@tenderbox.tv
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