`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`COLEMAN CABLE, LLC, JIAWEI TECHNOLOGY (HK) LTD., JIAWEI
`TECHNOLOGY (USA) LTD., SHENZHEN JIAWEI PHOTOVOLTAIC
`LIGHTING CO, LTD., ATICO INTERNATIONAL (ASIA) LTD., ATICO
`INTERNATIONAL USA, INC., SMART SOLAR, INC., AND TEST RITE
`PRODUCTS CORP.,
`Petitioner,
`v.
`
`SIMON NICHOLAS RICHMOND
`Patent Owner.
`
`______________
`
`
`IPR Case No.: IPR2014-00935 (U.S. Patent No. 8,089,370)
`IPR Case No.: IPR2014-00936 (U.S. Patent No. 7,196,477)
`IPR Case No.: IPR2014-00938 (U.S. Patent No. 7,429,827)
`
`______________
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`PATENT OWNER’S MOTION FOR ACCEPTANCE OF PATENT OWNER
`RESPONSES AND FOR ACCORDANCE OF FILING DATE
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`Patent Owner moves for acceptance of Patent Owner’s Response with
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`exhibits in each of the IPR proceedings (IPR2014-00935, IPR2014-00936, and
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`IPR2014-00938) listed above (referred to collectively as the “Patent Owner
`
`Responses”) via electronic filing. Patent Owner further requests that the Patent
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`Owner Responses each be accorded a filing date of June 24, 2015 for good cause
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`under 37 C.F.R. §§ 42.6(b), 42.5(c).
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`On or about 10:15 p.m. June 24, 2015, Patent Owner moved for submission
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`of the Patent Owner Responses via email for good cause due to technical
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`difficulties with the PTAB trial portal. Patent Owner was unable to upload the
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`Patent Owner Responses in the above referenced matters. Earlier at about 9 p.m.
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`Central time, Patent Owner’s counsel attempted multiple times to access the
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`upload function via the PTAB trial portal by using two different logins, for Mr.
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`Theodore Shiells, lead counsel, and for Marcus Benavides, back-up counsel, and
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`via two different browsers (Chrome and Internet Explorer), on four different
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`computers. Attachment A shows screenshots of the PTAB trial portal as it
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`appeared to Patent Owner’s counsel on the Chrome browser (pg. 1) and Internet
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`Explorer (pg. 2). As shown, the upload tab was missing in the Chrome browser,
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`and Internet Explorer showed a blank screen, unable to access the PTAB trial
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`portal.
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`1
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`Patent Owner’s counsel sought the assistance from the USPTO’s after hours
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`technical help desk (spoke with Varun Puri, Reference # 945529), but the help
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`desk was unable to assist Patent Owner’s counsel and recommended that he call
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`the PTAB portal help desk tomorrow between 8AM-5PM EST at 571-272-4683.
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`By motion sent by email to the Board, Patent Owner requested acceptance of
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`the documents and a filing date of June 24, 2015, which is the date that the email
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`was transmitted to the Board and served on Petitioner. Patent Owner believes that
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`the email server of Petitioner’s counsel received each of the Patent Owner
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`Responses, timely—prior to 11:59 p.m., Eastern time, on June 24, 2015 (the due
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`date for the Patent Owner Responses), because Patent Owner did not receive any
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`undeliverable notices from the email server of Petitioner’s counsel.
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`Although all transmissions were timely, Patent Owner believes that some of
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`the emails were returned by the Board’s email system, due to size limitations of the
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`Board’s email system. Patent Owner received several notices of failure to deliver
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`from the Board’s email server, despite the fact that the emails that were sent
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`included attachments that were well below the 10 MB size limitation set by the
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`Board. Patent Owner further split the files corresponding to the Patent Owner
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`Responses into smaller groups, and Patent Owner believes that by about 11:45
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`p.m., Central time, the Board had received all Patent Owner Responses. Because it
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`was outside the Board’s office hours, Patent Owner could not confirm receipt.
`2
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`At about 12 a.m. Central time on June 25, 2015 after repeated efforts, Patent
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`Owner was able to access the PTAB trial portal with the ability to upload files. By
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`3:30 a.m., after repeated crashes of the PTAB trial portal, Patent Owner had
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`electronically filed all the Patent Owner Responses. For the foregoing reasons,
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`Patent Owner believes that it has good cause to receive the requested relief of
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`acceptance by the Board of the Patent Owner Responses, as timely. Furthermore,
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`since the Patent Owner Responses were timely served on Petitioner, it will not
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`prejudice the Petitioner if the Board grants Patent Owner the relief he seeks.
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`
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`WHEREFORE, Patent Owner requests the acceptance of the Patent Owner
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`Responses, which were filed via the PTAB trial portal, and that the Board accord
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`the Patent Owner Responses a filing date of June 24, 2015, or grant a one day
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`extension for good cause shown.
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`Dated: June 25, 2015
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`
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`
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`SHIELLS LAW FIRM P.C.
`Pacific Place Building
`1910 Pacific Avenue - Suite 14000
`Dallas, Texas 75201
`Attorney for Patent Owner
`
`Respectfully Submitted,
`SHIELLS LAW FIRM, P.C.
`
`__/Theodore F. Shiells_______
`Theodore F. Shiells
`Reg. No. 31,569
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`3
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`Attachment 1, pg. 1
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`Attachment 1, pg. 2
`Attachment 1, pg. 2
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`EatingDESE;r.
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on June 25, 2015, a copy of the PATENT OWNER’S MOTION
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`FOR ACCEPTANCE OF PATENT OWNER RESPONSES AND FOR
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`ACCORDANCE OF FILING DATE was served on Lead and Backup Attorneys
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`for Petitioner, via the consented to method of email to the following email
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`addresses:
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`mark.nelson@dentons.com, lissi.mojica@dentons.com,
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`kevin.greenleaf@dentons.com, daniel.valenzuela@dentons.com, and
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`iptdocketchi@dentons.com,
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`Dated: June 25, 2015
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`Respectfully submitted,
`______/Theodore F. Shiells/________
`Theodore F. Shiells
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`
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`6
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