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Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
`
` Paper 49
`
`
` Entered: June 24, 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.
`
`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)
`
`Several duplicate papers, including papers that do not contain properly
`redacted information, have been entered into the record of these proceedings
`by Patent Owner. We exercise our discretion to expunge such duplicate
`papers. 37 C.F.R. § 42.7(a).
`In addition, Patent Owner has been represented by Brian Buchheit,
`one of the named inventors of the involved patents, who is registered to
`practice before the Office, and has signed some papers as “Lead Counsel,”
`has not signed other papers, and has signed at least one paper without “Lead
`Counsel” indicia. See, e.g., Papers 4, 15, 24.2 Mr. Buchheit has represented
`to us that he is acting pro se, not as a registered attorney representing Mr.
`Sean McGhie, the other named inventor. Paper 39; Ex. 2054. To ensure
`integrity of the proceedings, all forthcoming papers submitted by Patent
`Owner shall be signed by both Mr. Buchheit and Mr. McGhie.
`Order
`
`It is
`ORDERED that the following papers be expunged from records of the
`following proceedings:
`IPR2015-00122, Papers 25, 26, 46, and 52;
`IPR2015-00123, Papers 26, 43, and 49;
`IPR2015-00124, Papers 25, 41, and 47;
`IPR2015-00125, Papers 25, 40, and 46;
`IPR2015-00133, Papers 22, 23, 38, and 44;
`IPR2015-00137, Papers 22, 37, and 43; and
`
`
`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)
`
`FURTHER ORDERED that both Sean McGhie and Brian Buchheit
`shall sign all forthcoming papers submitted on behalf of Patent Owner.
`
`PETITIONER:
`
`Robert H. Fischer
`Frank A. DeLucia
`Stephen Yam
`Justin Oliver
`FITZPATRICK, CELLA, HARPER & SCINTO
`AskeladdenIPR@fchs.com
`AskeladdenIPR@fchs.com
`AskeladdenIPR@fchs.com
`joliver@fchs.com
`
`PATENT OWNER:
`
`Brian Buchheit
`bbuchheit@gmail.com
`
`Sean McGhie
`Sean.mcghie@me.com
`
`
`
`3
`
`

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