`571-272-7822
`
`
`
`
`
`
` Paper: 7
` Entered: August 13, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SHOPIFY, INC.
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC
`Patent Owner.
`____________
`
`Cases IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`Cases IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`Case IPR2018-01014 (Patent 8,515,825 B1)
`____________
`
`
`Before CARL M. DEFRANCO, PATRICK M. BOUCHER, and
`ALYSSA A. FINAMORE, Administrative Patent Judges.
`
`FINAMORE, Administrative Patent Judge.
`
`ORDER
`Granting Motions to Correct Mistakes in Petition
`37 C.F.R. § 42.104(c)
`
`
`
`IPR2018-01008, IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009, IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01014 (Patent 8,515,825 B1)
`
`
`In each of these proceedings, with our authorization, Petitioner filed a
`Motion to Correct Mistakes in Petition under 37 C.F.R. § 42.104(c) (Paper
`8, “Mot.”), and a redlined version of the Petition showing the proposed
`corrections (Ex. 1023).1 Petitioner seeks to correct “typographical errors in
`the Petitioner’s exhibit list, table of authorities, citations to the
`accompanying expert declaration, and the listing of claims being challenged
`under 37 C.F.R. § 42.104(b).” Mot. 2. With respect to the latter, Petitioner
`asserts “[t]he original petition erroneously named incorrect claim numbers in
`the listing of claims being challenged and the element-by-element analysis,
`even though the substance of the analysis addressed the intended claim
`elements.” Id.
`Petitioner notified Patent Owner of the errors in the original Petition
`on May 4, 2018, and provided Patent Owner with a redlined version of the
`Petition on May 7, 2018. Id. at 3. Patent Owner does not oppose this
`Motion. Id.
`We have reviewed Petitioner’s Motion and proposed changes to the
`Petition. There are only a small number of changes, and we agree with
`Petitioner that the proposed changes are typographical in nature.
`Furthermore, there is approximately a month until the September 5, 2018,
`due date for filing a preliminary response. In view of the foregoing, we
`grant Petitioner’s Motion with no change in the May 3, 2018, filing date of
`the Petition. 37 C.F.R. § 42.104(c); Paper 7, 1.
`
`
`1 The Motions filed in each of the proceedings are similar. For convenience,
`we cite only to IPR2018-01008.
`
`
`
`2
`
`
`
`IPR2018-01008, IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009, IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01014 (Patent 8,515,825 B1)
`
`
`It is, therefore,
`ORDERED that Petitioner’s Motion to Correct Mistakes in Petition in
`each of these proceedings is granted without any change in the filing date of
`the respective Petition; and
`FURTHER ORDERED that Petitioner shall file a clean copy of the
`corrected Petition corresponding to the redlined version as a paper in each of
`these proceedings within two (2) business days from the mailing date of this
`Order. The filing should be labeled as a “Corrected Petition” in PTAB E2E.
`
`PETITIONER:
`
`Michael J. McNamara
`MMcNamara@mintz.com
`
`William Meunier
`wameunier@mintz.com
`LEVIN COHN FERRIS GLOVSKY
`AND POPEO P.C.
`
`PATENT OWNER:
`
`Louis J. Hoffman
`louis@valuablepatents.com
`DDR_IPR@valuablepatents.com
`DDR Holdings, LLC
`
`Justin J. Lesko
`justinlesko@patentit.com
`Louis J. Hoffman, P.C.
`
`
`
`
`3
`
`
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