`Tel: 571-272-7822
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` Paper 26
` Entered: October 20, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PARROT S.A. and PARROT, INC.,
`Petitioner,
`
`v.
`
`DRONE TECHNOLOGIES, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-00730
`Patent 7,584,071 B2
`_______________
`
`
`
`Before HOWARD B. BLANKENSHIP, MATTHEW R. CLEMENTS, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`BLANKENSHIP, Administrative Patent Judge.
`
`DECISION
`Motion to Correct Exhibit 1010
`37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`IPR2014-00730
`Patent 7,584,071 B2
`
`
`Petitioner has filed an authorized motion to correct Exhibit 1010 pursuant to
`37 C.F.R. § 42.104(c). Paper 14 (“Mot.”). Patent Owner opposes the motion to
`correct. Paper 16 (“Oppostion”). Petitioner has replied to the opposition. Paper
`17 (“Reply”).
`The Board’s rules allow for the correction of clerical mistakes in a petition.
`Specifically, 37 C.F.R. § 42.104(c) provides: “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.” “[W]hen determining
`whether to grant a motion to correct a petition, the Board will consider any
`substantial substantive effect, including any effect on the patent owner’s ability to
`file a preliminary response.” Changes to Implement Inter Partes Review
`Proceedings, Post-Grant Review Proceedings, and Transitional Program for
`Covered Business Method Patents; Final Rule, 77 Fed. Reg. 48,680, 48,699 (Aug.
`14, 2012).
`Petitioner filed its Petition (Paper 1) in this proceeding on May 6, 2014.
`Petitioner filed, as part of its petition, Exhibit 1010, the Declaration of Dr.
`Raffaello D’Andrea, which referenced Dr. D’Andrea’s Curriculum Vitae as being
`attached to the Declaration as “Appendix B.” The CV is not found in Exhibit
`1010. Petitioner submits that the error was unintentional and was discovered in
`January 2015, while preparing for Dr. D’Andrea’s deposition during trial. Mot. 2.
`Although the CV was received and placed in a shared electronic folder prior
`to PRPS filing, the PDF file of the CV was inadvertently not included in the
`Exhibit. Mot. 2; Ex. 1013 ¶ 4 (Declaration of lead counsel); Ex. 1012 ¶ 4
`
`
`
`2
`
`
`
`IPR2014-00730
`Patent 7,584,071 B2
`
`(Declaration of law firm’s lead paralegal). Petitioner requests that Exhibit 1010 be
`replaced with corrected Exhibit 1010 (filed Feb. 9, 2015), which includes the CV.
`Mot. 3.
` Patent Owner’s Opposition discusses weight and admissibility of Dr.
`D’Andrea’s Declaration but does not address, or otherwise respond to, the apparent
`inadvertent error of failing to upload the CV. Patent Owner does not dispute any
`of the assertions regarding failure to upload the CV that Petitioner makes in its
`motion. Nor does Patent Owner argue that failure to include the CV with the
`Declaration had any substantial substantive effect on this proceeding, such as
`affecting Patent Owner’s ability to file a preliminary response. We are persuaded
`that the failure to upload the CV with Exhibit 1010 was a clerical or typographical
`mistake and the type of action that may be corrected under 37 C.F.R. § 42.104(c).
`Accordingly, Petitioner’s motion to correct Exhibit 1010 is granted.
`
`It is
`ORDERED that Petitioner’s motion to correct Exhibit 1010 is
`
`granted; and
`
`FURTHER ORDERED that Corrected Exhibit 1010 (filed Feb. 9,
`2015) replaces original Exhibit 1010.
`
`
`
`
`3
`
`
`
`IPR2014-00730
`Patent 7,584,071 B2
`
`PETITIONER:
`
`James E. Hopenfeld
`Tammy J. Terry
`OSHA LIANG LLP
`hopenfeld@oshaliang.com
`terry@oshaliang.com
`
`
`
`PATENT OWNER:
`
`Gene Tabachnick
`James Dilmore
`BECK & THOMAS, P.C.
`gtabachnick@beckthomas.com
`jdilmore@beckthomas.com
`
`
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`
`
`4
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