throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 11
`
`
` Entered: January 26, 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)1
`____________
`
`Before SALLY C. MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`On January 23, 2015, Patent Owner filed a preliminary response in
`each of the four proceedings. Each preliminary response exceeds the
`authorized 60 page limit for a preliminary response per 37 C.F.R.
`
`
`1 This order addresses issues that are the same in the identified cases. The
`Board exercises its discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`

`

`§ 42.24(b)(1). Accordingly, the preliminary responses will be expunged
`from the record. 37 C.F.R. § 42.7(a). Patent Owner may file a corrected
`preliminary response in each of the proceedings no later than February 6,
`2015.
`
`Order
`
`It is
`ORDERED that Patent Owner’s preliminary response in each of
`IPR2015-00122, IPR2015-00123, IPR2015-00124, and IPR2015-00125 be
`expunged from the record; and
`FURTHER ORDERED that Patent Owner is authorized to file a
`corrected preliminary response in each proceeding no later than February 6,
`2015.
`
`PETITIONER:
`
`Robert H. Fischer
`Frank A. DeLucia
`Stephen Yam
`Justin Oliver
`FITZPATRICK, CELLA, HARPER & SCINTO
`askeladdenIPR@fchs.com
`
`PATENT OWNER:
`
`Brian Buchheit
`bbucheit@gmail.com
`
`Sean McGhie
`sean.mcghie@me.com
`
`2
`
`

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