`
`
`
`
`
`Trials@uspto.gov IPR2015-00122 Paper 34; IPR2015-00123 Paper 34
`571-272-7822
` IPR2015-00124 Paper 33; IPR2015-00125 Paper 32
`
`
` IPR2015-00133 Paper 30; IPR2015-00137 Paper 29
`
` Entered: March 16, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASKELADDEN LLC,
`Petitioner,
`v.
`SEAN I. MCGHIE and BRIAN BUCHHEIT,
`Patent Owner.
`____________
`
`Cases IPR2015-00122 (Patent 8,523,063)
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`IPR2015-00137 (Patent 8,297,502)1
`____________
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`Chang, Administrative Patent Judge.
`
`ORDER
`Filing Dates Accorded to Petition and Patent Owner Preliminary Response
`37 C.F.R. §§ 42.106 and 42.107(b)
`
`
`
`1 This Order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`
`
`
`
`
`
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00137 (Patent 8,297,502)
`
`Petitioner Askeladden LLC (“Askeladden”) filed a Petition requesting
`an inter partes review in each of the above-identified proceedings. Paper 1,2
`“Pet.” The Petitions identify Askeladden as the sole real party-in-interest to
`these proceedings. Pet. 1. Subsequently, we vacated the previously-
`accorded filing date for each Petition, as we determined that Askeladden
`also should have identified The Clearing House Payments Company LLC
`(“PayCo”) as a real party-in-interest in its Petitions, pursuant to 35 U.S.C.
`§ 312(a)(2) and 37 C.F.R §§ 42.8(b)(1) and 42.104. Paper 26.
`In response, Askeladden updated its Mandatory Notices, on March 13,
`2015, to identify PayCo and Askeladden as the real parties-in-interest to the
`above-identified proceedings, in accordance with our prior Order (Paper 26).
`Paper 29. The updated Mandatory Notices corrected the original-filed
`Petitions. Based on the present record before us, we determine that the
`Petitions are deemed complete as of March 13, 2015.
`Accordingly, the Petitions are accorded a filing date of March 13,
`2015, and the Patent Owner’s Preliminary Responses (Paper 10) also are
`considered to be filed on March 13, 2015.
`In consideration of the foregoing, it is hereby:
`ORDERED that the Petitions filed in the above-identified proceedings
`are accorded the filing date of March 13, 2015; and
`FURTHER ORDERED that the Patent Owner’s Preliminary
`Responses are considered to be filed on March 13, 2015.
`
`2 Citations are to IPR2015-00133.
`
`2
`
`
`
`
`
`
`
`
`
`IPR2015-00123 (Patent 8,523,063)
`IPR2015-00125 (Patent 8,540,152)
`IPR2015-00137 (Patent 8,297,502)
`
`IPR2015-00122 (Patent 8,523,063)
`IPR2015-00124 (Patent 8,540,152)
`IPR2015-00133 (Patent 8,297,502)
`
`For PETITIONER:
`
`Robert H. Fischer
`Frank A. DeLucia
`Stephen Yam
`Justin Oliver
`Fitzpatrick, Cella, Harper & Scinto
`askeladdenIPR@fchs.com
`joliver@fchs.com
`
`
`For PATENT OWNER:
`
`Brian Buchheit
`bbucheit@gmail.com
`
`Sean McGhie
`sean.mcghie@me.com
`
`
`
`
`
`
`3
`
`
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