`571-272-7822
`
`Paper 29
`Date: August 11, 2014
`
`
`Before KARL D. EASTHOM, MIRIAM L. QUINN,
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY,
`INC., et al.,
`Petitioner,
`
`v.
`
`HARVEY LUNENFELD,
`Patent Owner.
`____________
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`
`____________
`
`
`DECISION
`Petitioner’s Motion to Correct Clerical Error in Petition
`37 C.F.R. § 42.304(c)
`
`
`
`
`
`
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`
`
`
`The Board authorized Petitioner to file a motion to correct the Petition
`and requested an accompanying declaration averring the facts surrounding
`the alleged clerical errors being corrected. Paper 25. On July 31, 2014,
`Petitioner filed a motion under 37 C.F.R. § 304 to change the identification
`of the captioned entity “AMERICAN EXPRESS TRAVEL CO.” to
`“AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY,
`INC.” Paper 26 (“Mot.”). According to Petitioner, the Petition should have
`identified “AMERICAN EXPRESS TRAVEL RELATED SERVICES
`COMPANY, INC.” as the real party-in-interest as that is the entity that was
`sued for infringement. Mot. 1; Ex. 1081. In support of its Motion, Mr. John
`D. Vandenberg avers that the misidentification was a typographical error.
`Ex. 1080. Patent Owner has not opposed the Motion.
`
`Section 42.304(c) provides that:
` A motion may be filed that seeks to correct a clerical
`or typographical mistake in the petition. The grant of
`such a motion does not change the filing date of the
`petition.
`
`When determining whether to grant a motion to correct a petition, the
`Board will consider any substantive effect. We have reviewed the Motion
`and supporting Exhibits 1080 and 1081. The correction sought by Petitioner
`appears to be the result of an uncontroverted clerical error and has no
`substantive effect on these proceedings.
`
`
`
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`
`
`ORDER
`In light of the foregoing, it is, therefore,
`ORDERED that Petitioner’s Motion to Correct Clerical Error in the
`Petition is granted;
`FURTHER ORDERED that Petitioner shall update its Mandatory
`Notices under 37 C.F.R. § 42.8 to identify the correct real party-in-interest
`as alleged in the Motion;
`FURTHER ORDERED that Petitioner shall also update its Power of
`Attorney (Paper 2) to reflect the corrected real party-in-interest;
`FURTHER ORDERED that the caption of all papers filed in this
`proceeding shall, from here on forward, reflect that AMERICAN EXPRESS
`TRAVEL RELATED SERVICES COMPANY, INC. is the first named
`entity; and
`FURTHER ORDERED that Petitioner shall revise accordingly the
`name of the real party-in-interest in the Patent Review Processing System
`(PRPS).
`
`
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`
`PETITIONER:
`John D. Vandenberg
`Kristen L. Reichenbach
`KLARQUIST SPARKMAN, LLP
`john.vandenberg@klarquist.com
`kristen.reichenbach@klarquist.com
`
`
`
`PATENT OWNER:
`
`Cyrus A. Morton
`Ryan M. Schultz
`Bryan J. Mechell
`ROBINS, KAPLAN, MILLER, & CIRESI LLP
`CAMorton@rkmc.com
`RMSchultz@rkmc.com
`BJMechell@rkmc.com
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