`571-272-7822 Date: January 17, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LKQ CORPORATION AND KEYSTONE AUTOMOTIVE INDUSTRIES,
`INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS, LLC,
`Patent Owner.
`_______________
`
`IPR2020-00065
`Patent No. D813,120
`_______________
`
`
`Before KEN B. BARRETT, SCOTT A. DANIELS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`
`
`
`DECISION
`Motion to Correct Petition
`37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`
`IPR2020-00065
`Patent No. D813,120
`
`
`Pursuant to our authorization, Petitioner filed an unopposed “Motion
`to Correct Certain Clerical or Typographical Errors in Petition.” Paper 7
`(“Mot.”). Petitioner seeks to correct what it describes as “certain non-
`substantive clerical or typographical errors.” Id. at 2. Specifically,
`Petitioner identified four errors in its Petition where “vehicle front bumper”
`should have read “vehicle hood.” Id. (Page 15, line 16; Page 16, line 1;
`Page 42, line 2; Page 42, line 4).
`When determining whether to grant a motion to correct a petition, the
`Board will consider any substantive effect, including any effect on the patent
`owner’s ability to file a preliminary response. We have reviewed the
`Motion, as well as the proposed changes to the Petition, and determine that
`the mistakes made constitute clerical errors based on the typographical
`corrections. The proposed corrections do not affect Patent Owner’s ability
`to file a preliminary response. Accordingly, the Motion is granted with no
`change in the November 13, 2019 filing date accorded to the Petition. 37
`C.F.R. § 42.104(c); Paper 6, 1. Further, because the requested corrections
`are minor, we asked Petitioner not to file a corrected Petition or replace the
`original Petition. The parties, and the Board, should make the corrections
`set forth in the Motion (Paper 7) when quoting or referring to these four
`passages of the Petition.
`We also deem Petitioner’s “Corrected Certificate of Word Count”
`(Paper 5) as another request to correct the petition, and we grant the request.
`Although the Petition had a certification pursuant to 37 CFR § 42.24, the
`certification only stated the petition had less than 14,000 words. See Paper
`2, 66. The “Corrected Certificate” further explains that “the Petition
`
`2
`
`
`
`IPR2020-00065
`Patent No. D813,120
`
`contains 9,915 words,” in accordance with 37 CFR § 42.24(d), which
`requires “a certification stating the number of words in the paper.”
`
`
`ORDER
`
`It is, therefore,
`ORDERED that Petitioner’s Unopposed Motion to Correct Petition
`(Paper 7) is GRANTED;
`FURTHER ORDERED that Petitioner’s request to file “Corrected
`Certificate of Word Count” (Paper 5) is GRANTED.
`
`
`
`3
`
`
`
`IPR2020-00065
`Patent No. D813,120
`
`For PETITIONER:
`Barry Irwin
`Reid Huefner
`IRWIN IP LLC
`birwin@irwinip.com
`rhuefner@irwinip.com
`
`
`For PATENT OWNER:
`
`Dorothy Whelan
`Craig Deutsch
`Grace Kim
`FISH & RICHARDSON P.C.
`whelan@fr.com
`deutsch@fr.com
`gkim@fr.com
`
`
`
`4
`
`
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