`
`
`
`
`
` Paper 14
`
`
` Entered: February 11, 2015
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`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, JONI Y. CHANG, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`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
`
`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.
`
`
`
`each of the four proceedings. Each preliminary response exceeded the
`authorized 60 page limit for a preliminary response per 37 C.F.R.
`§ 42.24(b)(1). Accordingly, the preliminary responses were expunged from
`the record and Patent Owner was authorized to file a corrected preliminary
`response in each of the proceedings by February 6, 2015. See, e.g.,
`IPR2015-00122, Paper 11 (“Order”). No corrected responses were filed by
`February 6, 2015.
`On February 11, 2015, a conference call was held including counsel2
`for the respective parties and Judges Medley, Chang, and Braden. The
`purpose of the call was to verify that Patent Owner did not intend to file a
`corrected preliminary response in any of the four proceedings.3
`Patent Owner explained that the Order went to his junk email folder,
`and that he only became aware of the Order after the February 6, 2015
`deadline. Patent Owner requested an extension of time to file corrected
`preliminary responses in the four proceedings. Petitioner opposed.
`Based on the facts and arguments presented during the conference
`call, Patent Owner has shown good cause to extend the filing date for the
`corrected preliminary responses. See 37 C.F.R. § 42.5(c)(2).
`
`
`
`
`
`2 Patent Owner is represented by Mr. Brian Buchheit, one of the named
`inventors of the involved patents, who is registered to practice before the
`Office.
`3 Another purpose of the conference call was to discuss the real party-in-
`interest issue raised by Patent Owner in its preliminary response filed in
`related IPR2015-00133 and IPR2015-00137. An order addressing that issue
`will be made in due course.
`
`2
`
`
`
`Order
`
`It is
`ORDERED that Patent Owner’s request for an extension of time to
`file corrected preliminary responses is granted; and
`FURTHER ORDERED that Patent Owner is authorized to file a
`corrected preliminary response in each proceeding no later than February 13,
`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
`
`3
`
`
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