`571-272-7822
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` Paper 20
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`Entered: March 5, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARL ZEISS SMT GMBH
`Petitioner
`
`v.
`
`NIKON CORPORATION
`Patent Owner
`
`
`
`Case IPR2013-00363
`Patent 7,348,575 B2
`
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`Case IPR2013-00363
`Patent 7,348,575 B2
`
`
`A conference call was held on February 28, 2014, involving
`respective counsel for Petitioner and Patent Owner, and Judges Medley,
`Blankenship, and Clements. The purpose of the call was for Petitioner to
`seek authorization to file supplemental information.
`
`In this proceeding, the Board instituted trial as to claims 55–67 of the
`’575 patent on the following grounds:
`1. Claims 55–63 and 65–67 under 35 U.S.C. § 102 as anticipated by
`Mann;
`2. Claim 64 under 35 U.S.C. § 103 as obvious over Mann and Asai.
`Petitioner requested leave to file a copy of the Mann application as filed
`(USSN 10/639,780) with the USPTO on August 12, 2003, to show that the
`Mann application as published (Exhibit 1110) contained a printing error
`made by the USPTO.
`A party seeking to submit supplemental information more than one
`month after the date the trial is instituted must request authorization to file a
`motion to submit the information. The motion must show why the
`supplemental information reasonably could not have been obtained earlier,
`and the consideration of the supplemental information would be in the
`interests of justice. 37 C.F.R. § 42.123(b).
`Based on the discussion had, counsel for Petitioner did not provide a
`reason sufficient to show why Petitioner cannot submit such evidence in
`connection with a Petitioner Reply to the Patent Owner Response. 37 C.F.R.
`§ 42.23(b). Moreover, counsel for Patent Owner did not object to the filing
`of such evidence in connection with a Petitioner’s Reply. Accordingly, there
`
`2
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`
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`Case IPR2013-00363
`Patent 7,348,575 B2
`
`is no need for Petitioner to file a motion for the filing of supplemental
`information.
`For these reasons, it is
`ORDERED that Petitioner’s request to file a motion to file
`supplemental information is denied.
`
`
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`3
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`For PETITIONER:
`
`Marc M. Wefers, Esq.
`Chris C. Bowley, Esq.
`Fish & Richardson, P.C.
`wefers@fr.com
`bowley@fr.com
`
`
`
`For PATENT OWNER:
`
`John S. Kern, Esq.
`Robert C. Mattson, Esq.
`Oblon Spivak
`CPdocketKern@oblon.com
`CPdocketMattson@oblon.com
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