`571-272-7822
`
`
`
`
`
`Paper No. 3
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GARMIN INTERNATIONAL, INC.
`Petitioner
`
`v.
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`____________
`
`Case IPR2013-00373
`Patent 6,778,074
`____________
`
`Mailed: June 25, 2013
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of June 20, 2013.
`
`
`
`Case IPR2013-00373
`Patent 6,778,074
`
`
`Administrative Patent Judge Jameson Lee has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defects:
` Improper usages of claim charts: Claim charts should be
`presented in a readable format so that a reader (e.g., the
`patent owner or a deciding official) is able to locate the
`claim limitations and the relied-upon portions of the prior
`art quickly. Presenting claim limitations and prior art
`teachings in a single column format creates inefficiency and,
`at times, appears to circumvent the page limit set forth in 37
`C.F.R. § 42.24. Claim limitations should be presented in a
`separate column (e.g., claim limitations in the left column
`and prior art teachings in the right column).
`
` Petition exceeds page limit. 37 C.F.R. § 42.24.
`
` Petition does not contain an exhibit list referencing the
`correct exhibit numbers. 37 C.F.R. § 42.63(e).
`
` Failure to provide a statement identifying how the
`challenged claims are to be construed. 37 C.F.R. §
`42.104(b)(3).
`
` Exhibits do not have a proper exhibit label at the lower
`right corner of the first page of the exhibits. 37 C.F.R. §
`42.63(d).
`
`
`Petitioner must correct the defects within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defects may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`
`
`
`2
`
`
`
`Case IPR2013-00373
`Patent 6,778,074
`
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.” Any motion for pro hac
`vice admission filed by the parties shall also indicate that the person sought
`to be admitted will be subject to the USPTO Rules of Professional Conduct.
`See Changes to Representation of Others Before the United States Patent and
`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`May 3, 2013).
`
`
`
`3
`
`
`
`Case IPR2013-00373
`Patent 6,778,074
`
`
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`PETITIONER:
`Jennifer C. Bailey
`jcb@hoveywilliams.com
`
`Jason R. Mudd (Reg. No. 57,700)
`Jason.Mudd@EriseIP.com
`
`PATENT OWNER:
`ANTHONY EDW. J CAMPBELL
`PO BOX 160370
`AUSTIN, TX 78716
`
`
`
`4
`
`
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