UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARVEST TRADING GROUP, INC.
`
`Case IPR2016-00947
`
`Patent 8,962,685
`
`
`
`Petitioner,
`
`V.
`
`INC.
`SYSTEMS,
`VIREO
`UNEMED CORPORATION
`
`and
`
`
` Patent Owner.
`
`MOTION UNDER 37 C.F.R. 42.6(b)(2) FOR
`NON-ELECTRONIC FILING
`
`OF
`
`PRELIMINARY PATENT OWNER’S RESPONSE
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13-1450
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARVEST TRADING GROUP, INC.
`
`Case IPR2016-00947
`
`Patent 8,962,685
`
`
`
`Petitioner,
`
`V.
`
`INC.
`SYSTEMS,
`VIREO
`UNEMED CORPORATION
`
`and
`
`
` Patent Owner.
`
`MOTION UNDER 37 C.F.R. 42.6(b)(2) FOR
`NON-ELECTRONIC FILING
`
`OF
`
`PRELIMINARY PATENT OWNER’S RESPONSE
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13-1450
`
`
`
`Patent Owner Vireo Systems, Inc. (“Owner”) submits hereby its motion for
`
`non—electronic filing of Owner’s Preliminary Response (“Response”) in IPR2016-
`
`00947. Owner requests that the Response be accorded a filing date of August 3,
`
`2016.
`
`Owner attaches hereto (1) the Response, (2) Exhibit 2022, a declaration by
`
`Jacob Neu, and (3) a certificate of mailing.
`
`FACTS IN SUPPORT OF MOTION
`
`A summary of the facts in support of this motion are as follows. All facts are
`
`supported by the declaration of Jacob Neu (Exhibit 2022).
`
`Owner’s counsel of record Jacob Neu, Reg. No. 67,546, attempted to upload
`
`the attached Response Via the PTAB E2E at 3:48 PM CT on August 3, 2016. The
`
`E2E system generated an error appearing in the upper right corner of the browser
`
`stating, “There is an issue saving document.” An example of this is attached as a
`
`screenshot to the declaration of Jacob Neu. Mr. Neu then successfully uploaded
`
`Exhibit Nos. 2001-2020 using the separate exhibit upload screen at 3 :57 PM CT.
`
`Mr. Neu then attempted several more times to upload the Response, at 3:58
`
`PM, 3:59 PM, 4:02 PM, 4:16 PM, 4:17 PM, 4:23 PM, 4:34 PM, 4:39 PM, and 4:40
`
`PM. These efforts included removing all metadata and hyperlinks in the Response,
`
`and attempting to upload a scanned version of a paper copy of the Response. Mr.
`
`Neu also emailed ptabe2e_system@uspto.gov at 4:04 PM seeking assistance for the
`
`
`
`technical problem. He also sent the same email to PTABE2EADMIN@uspto. gov at
`
`4:44 PM. Mr. Neu also called the PTAB main contact number provided in the
`
`USPTO website for E2E issues at 4:30 PM and left a message explaining the issue.
`
`At the time of mailing, no response had been received from the USPTO.
`
`In addition, Mr. Neu’s co—counsel Stephen Hall attempted to upload the
`
`Response from a different computer at 5: 19 PM, 5 :26 PM, and 5 :29 PM. Such efforts
`
`were also unsuccessful.
`
`Due to these technical
`
`issues, Owner served Petitioner Harvest Trading
`
`Group, Inc. (“Petitioner”) service copies of the Response and associated exhibits at
`
`4:52 PM. At 4:58 PM, Owner also notified counsel in a separate email concerning
`
`the issue with uploading the Response and expressed that it would continue
`
`attempting to upload electronically, and also proceed with filing this Motion.
`
`In an abundance of caution, and in order to provide the Response to the PTAB
`
`in some form electronically, Owner has submitted the Response as an “exhibit,”
`
`Exhibit 2021, rather than using the “File Preliminary Response” tab. The Response
`
`was filed as “Exhibit 202l” at 5:46 PM, and it appears as such on the E2E docket
`
`page for IPR20l 6-00947.
`
`The forgoing facts are attested to in a declaration by Mr. Neu, attached hereto
`
`as Exhibit 2022, with attached evidence of the attempted filings, emails, and service
`
`of Petitioner included with the declaration.
`
`
`
`In view of the foregoing, Owner moves under 37 C.F.R. 42.6(b)(2) to file its
`
`Response as Paper 7 in IPR20l6-00947 in a non-electronic manner. Owner further
`
`requests that the Response be given a filing date of August 3, 2016.
`
`Respectfully submitted,
`
`/Stephen H. Hall/
`Stephen H. Hall, Reg. No. 44,734
`Jacob W. Neu, Reg. No. 67,546
`
`BRADLEY ARANT
`
`BOULT CUMMINGS, LLP
`200 Clinton Avenue West, Suite 900
`
`Huntsville, AL 35801-4900
`Telephone: (25 6) 517-5140
`Facsimile: (256) 5 l7-5240
`shall@bradley.com
`jneu@bradley.com
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 3, 2016, a true and accurate copy of this MOTION
`
`UNDER 37 CFR 42.6(B)(2) FOR NON-ELECTRONIC FILING OF PATENT OwNER’s
`
`PRELIMINARY RESPONSE in inter partes review proceeding IPR2016-00947 and its
`
`Exhibits was served on the following counsel for Petitioner via electronic service
`
`pursuant to 37 C.F.R. § 42.6(e) and agreement of the parties:
`
`PEPPER HAMILTON LLP
`
`Raymond A. Miller
`Curtis Wadsworth, J .D., Ph.D.
`
`500 Grant St., Suite 5000
`
`Pittsburgh, PA 15212
`
`Stephen H. Hall, Reg. No. 44,734
`Jacob W. Neu, Reg. No. 67,546
`
`BRADLEY ARANT
`
`BOULT CUMMINGS, LLP
`200 Clinton Avenue West, Suite 900
`
`Huntsville, AL 35801-4900
`Telephone: (256) 517-5140
`Facsimile: (256) 517-5240
`shall@bradley.com
`jneu@bradley.com
`
`
`
`CERTIFICATE OF MAILING UNDER 37 CFR 1.8
`
`I hereby certify that this correspondence is being deposited with the United States
`
`Postal Service with sufficient postage as first class mail in an envelope addressed to
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13- 145 0
`
`On August 3, 2016. This certificate applies to the following documents:
`
`(1 ) Motion Under 3 7 CFR 42.6(b)(2) for Non-Electronic Filing ofPatent Owner’ s
`Preliminary Response in IPR2016—00947;
`
`(2) Patent OWner’s Preliminary Response in IPR2016-00947; and
`
`(3)Exhibit 2022 (Declaration of Jacob Neu and attached exhibits) in support of
`
`DATE: August 3, 2016
`
`
`
`/1/0101211
`
`S ephen H. Hall, Reg. No. 44,734
`acob W. Neu, Reg. No. 67,546
`
`BRADLEY ARANT
`
`BOULT CUMMINGS, LLP
`200 Clinton Avenue West, Suite 900
`
`Huntsville, AL 35801-4900
`Telephone: (256) 517-5140
`Facsimile: (256) 517-5240
`shall@brad1ey.com
`jneu@bradley.com
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