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`Paper No.
`Filed: March 27, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Google LLC,
`Petitioner,
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`v.
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`Uniloc 2017 LLC,
`Patent Owner.
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`Patent No. 6,366,908
`Case No. IPR2020-00755
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`Petitioner’s Motion to Waive 37 C.F.R. §§ 42.6(e)(1), 42.105(b) and
`Accept as Sufficient Electronic Service on Patent Owner
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`Case No. IPR2020-00755
`U.S. Patent No. 6,366,908
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`Petitioner Google LLC requests that the Board waive 37 C.F.R. §§ 42.6(e)(1)
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`and 42.105(b) and accept as sufficient, under 37 C.F.R. § 42.6(e)(4), electronic
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`service on Patent Owner Uniloc 2017 LLC.
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`In light of the COVID-19 pandemic and government guidance to minimize
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`social interaction and travel, Google requests authorization to provide service
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`electronically, rather than physically, of its inter partes review petition against U.S.
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`Patent 6,366,908 and the associated power of attorney and exhibits. Electronic
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`service allows Petitioner’s counsel and its support staff to follow government
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`guidelines to minimize travel and potential interaction with others that would be
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`associated with physical service of these documents.
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`Following 37 C.F.R. § 42.105(b), Google contacted Uniloc to request an
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`agreement to electronic service in these circumstances, but Uniloc has refused.
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`(Ex. 1044.) That correspondence was addressed to counsel of record at the USPTO
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`and Uniloc’s litigation counsel associated with this patent. Uniloc’s response
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`demonstrates that electronic service on these counsel will result in receipt by the
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`Patent Owner, and Petitioner would serve this same counsel electronically.
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`On March 25, 2020, the Board authorized Petitioner “to file, with the petition,
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`a motion to waive 37 C.F.R. §§ 42.6(e)(1), 42.105(b) and accept as sufficient, under
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`37 C.F.R. § 42.6(e)(4), electronic service on Patent Owner.” (Ex. 1045.) The Board
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`has the power to grant this motion under at least 37 C.F.R. § 42.5(b), which states
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`1
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`Case No. IPR2020-00755
`U.S. Patent No. 6,366,908
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`that the “Board may waive or suspend a requirement of parts 1, 41, and 42 and may
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`place conditions on the waiver or suspension.” Accordingly, Petitioner respectfully
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`requests that it be permitted to serve Patent Owner electronically.1
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`Dated: March 27, 2020
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`Respectfully submitted,
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`/Erika H.Arner/
`Erika H. Arner (Reg. No. 57,540)
`Joshua L. Goldberg (Reg. No. 59,369)
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`Attorneys for Petitioner Google LLC
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`1 Petitioner includes an electronic certificate of service with the Petition. In
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`the event this motion is not granted, Petitioner intends to file a separate certificate of
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`service once physical service is completed.
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`2
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`Case No. IPR2020-00755
`U.S. Patent No. 6,366,908
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
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`Motion to Waive 37 C.F.R. §§ 42.6(e)(1), 42.105(b) and Accept as Sufficient
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`Electronic Service on Patent Owner was served electronically on March 27, 2020
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`on Patent Owner as follows:
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`(1) Correspondence of Record at the U.S. Patent and Trademark Office:
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`E. Russell Tarleton, Seed Intellectual Property Law Group LLP:
`RussT@SeedIP.com
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`(2) Counsel of Record for Patent Owners in Litigation Before the District
`Court for the Eastern District of Texas:
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`Brett A. Mangrum, Etheridge Law Group, PLLC:
`brett@etheridgelaw.com
`Brian M. Koide, Etheridge Law Group, PLLC:
`brian@etheridgelaw.com
`Jeffrey Huang, Etheridge Law Group, PLLC:
`jhuang@etheridgelaw.com
`Ryan S. Loveless, Etheridge Law Group, PLLC:
`ryan@etheridgelaw.com
`Travis L. Richins, Etheridge Law Group, PLLC:
`travis@etheridgelaw.com
` James L. Etheridge, Etheridge Law Group, PLLC:
`jim@etheridgelaw.com
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`Dated: March 27, 2020
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`/Lisa C. Hines/
`By:
`Lisa C. Hines
`Litigation Legal Assistant
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