`
`
`
`
`
` Paper 38
`
`
` Entered: June 1, 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)
`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.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`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)
`IPR2015-00123 (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)
`
`On May 29, 2015, the Board received several emails from Patent
`
`Owner indicating that, due to technical difficulties, Patent Owner was unable
`
`to file papers and exhibits that were due the same day. Attached to each
`
`email were electronic copies of two declarations, nine supporting exhibits,
`
`and a motion to accept the submissions.
`
`Patent Owner was required to file a declaration from Mr. Brian
`
`Buchheit certifying that he has read and understands the statutory provisions,
`
`Board Rules, and Trial Practice Guide governing these proceedings. Paper
`
`39.2 No other submissions in connection with that requirement were
`
`authorized. As such, the papers and exhibits attached to the email are
`
`unauthorized and will not be entered into the record. 37 C.F.R. § 42.7(a).
`
`It is
`
`Order
`
`ORDERED that Patent Owner’s May 29, 2015 electronic emails and
`
`attachments will not be entered into the record;
`
`FURTHER ORDERED that Patent Owner shall file as an exhibit, no
`
`later than June 3, 2015, a single declaration from Mr. Brian Buchheit for the
`
`sole purpose of certifying that he has read and understands the statutory
`
`provisions, Board Rules, and Trial Practice Guide governing these
`
`proceedings; and
`
`FURTHER ORDERED that in connection with the filing of the
`
`declaration, Patent Owner is not authorized to file any other papers, exhibits,
`
`or expand Mr. Buchheit’s declaration to include anything beyond what is
`
`authorized per this order.
`
`
`2 Citations are to IPR2015-00122.
`
`2
`
`
`
`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)
`
`PETITIONER:
`
`
`Robert H. Fischer
`AskeladdenIPR@fchs.com
`
`Frank A. DeLucia
`AskeladdenIPR@fchs.com
`
`Stephen Yam
`AskeladdenIPR@fchs.com
`
`Justin Oliver
`joliver@fchs.com
`
`PATENT OWNER:
`
`Brian Buchheit
`bbuchheit@gmail.com
`
`
`Sean McGhie
`Sean.mcghie@me.com
`
`
`
`
`
`
`
`
`3
`
`
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