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`Trials@uspto.gov
`571.272.7822
`
`Paper No. 12
`Entered: October 26, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`EBAY INC. and PAYPAL, INC.,
`Petitioner,
`
`v.
`
`XPRT VENTURES, LLC,
`Patent Owner.
`
`Cases CBM2017-00024 (Patent 7,610,244 B2)
`CBM2017-00025 (Patent 7,627,528 B2)
`CBM2017-00026 (Patent 7,512,563 B2)
`CBM2017-00027 (Patent 7,483,856 B2)
`CBM2017-00028 (Patent 7,599,881 B2)
`CBM2017-00029 (Patent 7,567,937 B2)1
`
`
`Before KEVIN F. TURNER and MICHAEL R. ZECHER, Administrative
`Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings; Management of the Records
`37 C.F.R. §§ 42.5 and 42.7(a)
`
`
`1 This Order addresses issues that are the same in all six cases. We,
`therefore, exercise our discretion to issue one Order to be filed in each case.
`The parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`CBM2017-00024 (Patent 7,610,244 B2) CBM2017-00027 (Patent 7,483,856 B2)
`CBM2017-00025 (Patent 7,627,528 B2) CBM2017-00028 (Patent 7,599,881 B2)
`CBM2017-00026 (Patent 7,512,563 B2) CBM2017-00029 (Patent 7,567,937 B2)
`
`
`I. DISCUSSION
`On October 23, 2017, Patent Owner, XPRT Ventures, LLC
`(“XPRT”), filed its Patent Owner Response in each of Cases CBM2017-
`00024, -00025, -00026, -00027, -00028, and -00029. CBM2017-00024 to
`-00028, Paper 11; CBM2017-00029, Paper 14. Those Patent Owner
`Responses, however, are not in compliance with our rules.
`
`Specifically, the fonts are not in 14-point, Times New Roman as
`required by 37 C.F.R. § 42.6(a)(2)(ii). Double spacing is not used as
`required by § 42.6(a)(2)(iii). In addition, § 42.6(a)(2)(iii) requires block
`quotations to be at least 1.5 spaced and indented from both the left and right
`margins, but the block quotes are single-spaced and not indented from the
`right margins. Furthermore, the text in the footnotes must meet each of
`these requirements as well, but the footnotes are neither in 14-point, Times
`New Roman font nor double-spaced. Lastly, pursuant to § 42.24(d), a
`certification stating the number of words in a patent owner response is
`required, but no such certifications are included with the Patent Owner
`Responses.
`
`Accordingly, each of XPRT’s Patent Owner Responses shall be
`expunged. 37 C.F.R. § 42.7(a). XPRT shall file corrected Patent Owner
`Responses that are in compliance with our rules within five (5) business
`days of entry of this Order. Apart from rectifying the deficiencies noted
`above, XPRT is not authorized to make any other substantive changes to its
`Patent Owner Responses. Nor is XPRT authorized to file new evidence of
`any kind therewith.
`
`
`
`2
`
`
`
`CBM2017-00024 (Patent 7,610,244 B2) CBM2017-00027 (Patent 7,483,856 B2)
`CBM2017-00025 (Patent 7,627,528 B2) CBM2017-00028 (Patent 7,599,881 B2)
`CBM2017-00026 (Patent 7,512,563 B2) CBM2017-00029 (Patent 7,567,937 B2)
`
`
`II. ORDER
`
`Accordingly, it is:
`
`ORDERED that, pursuant to 37 C.F.R. § 42.7(a), XPRT’s Patent
`
`Owner Reponses filed in each of the six proceedings (CBM2017-00024,
`-00025, -00026, -00027, -00028, Paper 11; CBM2017-00029, Paper 14)
`shall be expunged from the record upon the entry of this Order; and
`
`FURTHER ORDERED that XPRT shall file corrected Patent Owner
`Responses that are in compliance with 37 C.F.R., part 42, in each of Cases
`CBM2017-00024, -00025, -00026, -00027, -00028, and -00029, within 5
`business days of the entry of this Order.
`
`
`
`
`
`
`
`3
`
`
`
`CBM2017-00024 (Patent 7,610,244 B2) CBM2017-00027 (Patent 7,483,856 B2)
`CBM2017-00025 (Patent 7,627,528 B2) CBM2017-00028 (Patent 7,599,881 B2)
`CBM2017-00026 (Patent 7,512,563 B2) CBM2017-00029 (Patent 7,567,937 B2)
`
`
`For PETITIONER:
`Adrian Percer
`Brian Chang
`WEIL, GOTSHAL & MANGES LLP
`adrian.percer@weil.com
`brian.chang@weil.com
`Naveen Modi
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`
`For PATENT OWNER:
`George Likourezos
`g.likourezos@verizon.net
`
`
`
`4
`
`
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