`571-272-7822
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` Paper 12
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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
`____________
`
`TOSHIBA CORPORATION
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES I LLC
`INTELLECTUAL VENTURES II LLC
`Patent Owners
`____________
`
`Cases IPR2014-00113 (Patent 6,058,045)
`IPR2014-00317 (Patent 5,687,132)1
`____________
`
`
`Before KEVIN F. TURNER, TREVOR M. JEFFERSON, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`DECISION
`Motions to Expunge and Replace Exhibits
`37 C.F.R. § 42.7 (a)
`
`
`
`
`
`
`1 This order addresses a similar issue in the two cases. Therefore, we exercise
`discretion to issue one order to be filed in each case. The parties, however, are
`not authorized to use this style of heading in subsequent papers.
`
`
`
`IPR2014-00113 (Patent 6,058,045)
`IPR2014-00317 (Patent 5,687,132)
`
`Petitioner Toshiba Corporation, Toshiba America, Inc., Toshiba America
`Electronic Components, Inc., and Toshiba America Information Systems, Inc.,
`hereinafter “Toshiba,” filed Motions to Expunge and Replace Exhibits included
`with the Petitions in the above-cited inter partes review proceedings. In
`IPR2014-00113, Exhibit 1006, Declaration of Robert Murphy, was filed on
`October 31, 2013, along with the Petition (Paper 1) for that proceeding. In
`IPR2014-00317, Exhibit 1008, Declaration of Robert Murphy, was filed
`December 31, 2013, along with the Petition (Paper 1) for that proceeding.
`Toshiba files Motions (IPR2014-00113: Paper 8; IPR2014-00317: Paper 6) in
`each requesting that the original Declaration be expunged and replaced with a
`replacement Declaration, also by Robert Murphy, but now including Mr.
`Murphy’s curriculum vitae.
`Patent Owners Intellectual Ventures I LLC and Intellectual Ventures II
`LLC have not filed oppositions to those Motions, and we consider them
`unopposed. Given the minor changes to the Exhibits, with no change in
`declarant’s testimony, and the fact that the replacement Exhibits were filed
`prior to the due dates for Patent Owners’ Preliminary Responses, we grant
`Toshiba’s Motions.
`
`
`
`Order
`
`
`
`It is
`ORDERED that Toshiba’s Motions to Expunge and Replace Exhibits
`included with the Petitions are granted;
`
`2
`
`
`
`IPR2014-00113 (Patent 6,058,045)
`IPR2014-00317 (Patent 5,687,132)
`
`FURTHER ORDERED that, in IPR2014-00113, Toshiba’s substitute
`Exhibit 1006, filed January 9, 2014, shall be substituted for the original Exhibit
`1006, filed October 31, 2013, and the original Exhibit 1006, filed October 31,
`2013, shall be expunged; and
`FURTHER ORDERED that, in IPR2014-00317, Toshiba’s substitute
`Exhibit 1008, filed January 24, 2014, shall be substituted for the original
`Exhibit 1008, filed December 31, 2013, and the original Exhibit 1008, filed
`December 31, 2013, shall be expunged.
`
`
`
`3
`
`
`
`IPR2014-00113 (Patent 6,058,045)
`IPR2014-00317 (Patent 5,687,132)
`
`For PETITIONER:
`Alan A. Limbach
`Gerald T. Sekimura
`Kevin C. Hamilton
`DLA PIPER LLP
`alan.limbach@dlapiper.com
`gerald.sekimura@dlapiper.com
`kevin.hamilton@dlapiper.com
`
`
`For PATENT OWNERS:
`Robert Greene Sterne
`Lori A. Gordon
`Jon E. Wright
`Michael D. Specht
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsterne-PTAB@skgf.com
`lgordon-PTAB@skgf.com
`jwright-PTAB@skgf.com
`mspecht-PTAB@skgf.com
`
`
`4
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`
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