`571-272-7822
`
`
`Paper 44
`Entered: October 24, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC., and
`BLIZZARD ENTERTAINMENT, INC.,
`Petitioner,
`
`v.
`
`AC TECHNOLOGIES S.A.,
`Patent Owner.
`____________
`
`Case IPR2015-01802
`Patent 7,904,680 B2
`____________
`
`
`Before MICHAEL R. ZECHER, MATTHEW R. CLEMENTS, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`IPR2015-01802
`Patent 7,904,680 B2
`
`
`On July 24, 2016, Patent Owner filed an Affidavit of Victor G. Hardy
`as Exhibit 2007. On December 1, 2016, Patent Owner filed its
`demonstratives as Exhibit 2007.
`On September 2, 2016, Patent Owner filed a web bio of Victor G.
`Hardy as Exhibit 2008.
`On October 12, 2016, Patent Owner filed a transcript from a
`deposition of Paul S. Jacobs, Ph.D., as Exhibit 2009.
`On September 1, 2017, Patent Owner filed, with authorization, a Brief
`addressing whether dependent claims 2, 4, and 6 are unpatentable under 35
`U.S.C. § 103(a) as obvious over Rabinovich1. Paper 38 (“Brief”). In
`support of its Brief, Patent Owner filed (1) a ten-page article titled,
`“Information Dissemination in Partitionable Mobile Ad Hoc Networks,” as
`Exhibit 2007; (2) a thirty-five page document titled “A Survey of Data
`Replication Techniques for Mobile Ad-Hoc Network Databases,” as Exhibit
`2008; and (3) six page print out of
`http://www.utilizewindows.com/introduction-to-wireless-networking/, as
`Exhibit 2009.
`As a result, the record now contains three Exhibit 2007s, two Exhibit
`2008s, and two Exhibit 2009s.
`On September 29, 2017, Petitioner filed a Reply to Patent Owner’s
`Brief in which Petitioner refers to the ambiguously-numbered documents
`filed by Patent Owner on September 1, 2017. Paper 40 (“Reply”).
`
`
`1 Rabinovich, M., et al., “Dynamic Replication on the Internet,” Work
`Project No. 3116-17-7006, AT&T Labs Research Technical Memorandum
`HA6177000-980305-01TM (March 5, 1998). Exhibit 1006.
`
`2
`
`
`
`IPR2015-01802
`Patent 7,904,680 B2
`
`
`Because the exhibit numbering used by Patent Owner does not
`unambiguously identify the evidence filed by Patent Owner, we expunge
`Patent Owner’s Brief (Paper 38) and the exhibits filed by Patent Owner on
`September 1, 2017 (Exhibits 2007 to 2010 filed September 1, 2017), and
`order Patent Owner to re-file, within one week, identical exhibits with
`proper (unique) exhibit numbers and to file a corrected Brief with no
`changes other than correcting citations to use the new, unique exhibit
`numbers.
`We also expunge Petitioner’s Reply (Paper 40) and order Petitioner to
`re-file, within one week of Patent Owner’s corrected Brief, a corrected
`Reply with no changes other than correcting citations to use the new exhibit
`numbers used by Patent Owner.
`Because “Exhibit 2007” also refers to both an Affidavit of Victor G.
`Hardy (filed July 24, 2016) and Patent Owner’s demonstratives (filed
`December 1, 2016) and because demonstratives are not evidence, we
`expunge Patent Owner’s demonstratives. As a result, Exhibit 2007 will
`uniquely identify the Affidavit of Victor G. Hardy.
`We also expunge Petitioner’s demonstratives (Exhibit 1021) to
`maintain parity between the parties and because, like Patent Owner’s
`demonstratives, they are not evidence.
`
`
`ORDER
`
`Accordingly, it is:
`ORDERED that, pursuant to 37 C.F.R. § 42.7(a), Paper 38, Paper 40,
`Exhibit 1021, and the versions of Exhibits 2007 to 2010 that were filed
`September 1, 2017, are expunged;
`
`3
`
`
`
`IPR2015-01802
`Patent 7,904,680 B2
`
`
`FURTHER ORDERED that Patent Owner shall re-file, within one
`week, identical exhibits with proper (unique) exhibit numbers and file a
`corrected Brief with no changes other than correcting citations to use the
`new, unique exhibit numbers; and
`FURTHER ORDERED that Petitioner shall re-file, within one week
`of Patent Owner’s corrected Brief, a corrected Reply with no changes other
`than correcting citations to use the new exhibit numbers used by Patent
`Owner.
`
`
`4
`
`
`
`IPR2015-01802
`Patent 7,904,680 B2
`
`For PETITIONER:
`
`Daniel T. Shvodian
`Christopher L. Kelley
`PERKINS COIE LLP
`DShvodian@perkinscoie.com
`
`
`For PATENT OWNER:
`
`Minghui Yang
`HARDY PARRISH YANG, LLP
`myang@hpylega.com
`
`Andrew G. DiNovo
`DINOVO PRICE ELLWANGER LLP
`adinovo@dpelaw.com
`
`Steven E. Tiller
`WHITEFORD TAYLOR & PRESTON LLP
`stiller@wtplaw.com
`
`5
`
`
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