`
`
`
`Filed on behalf of Seymour Levine
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`
`
`THE BOEING COMPANY
`Petitioner,
`
`v.
`
`SEYMOUR LEVINE
`Patent Owner
`
`________________
`
`Case IPR2016-00023
`
`Patent RE039,618
`
`_________________
`
`
`
`PATENT OWNER’S OPPOSITION TO PETITIONER’S MOTION FOR
`JOINDER PURSUANT TO 37 C.F.R. § 42.23
`
`
`06012-00001/7712158.1
`
`
`
`Case IPR2016-00023
`
`Patent Owner Seymour Levine (“Levine”) hereby submits this opposition to
`
`Petitioner’s Motion for Joinder, filed on January 21, 2016. (Paper No. 7).
`
`Petitioner The Boeing Company (“Boeing”) has engaged in a multi-pronged
`
`effort to supplement the evidence presented in its original petition to, by its own
`
`admission, “address purported deficiencies raised in the PO Preliminary Response
`
`in IPR2015-01341.” Paper 1 at 1. In addition to filing the instant petition, which it
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`admits “is substantively identical to the first petition with the exception of five
`
`additional paragraphs in the expert declaration and exhibits referenced therein,”
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`Mot. at 1, Boeing has filed a motion to submit supplemental information in
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`IPR2015-01341 (the “’1341 case”), to add those same five paragraphs to that case.
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`’1341 case, Paper 21.
`
`Levine has opposed both of these efforts. In its Preliminary Response to
`
`Boeing’s petition in this case, Levine asks the Board to exercise its discretion
`
`under 35 U.S.C. § 325(d) to deny Boeing’s second petition because, among other
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`reasons, to do otherwise would only “encourag[e], unnecessarily, the filing of
`
`petitions which are partially inadequate.” ZTE Corp. v.ContentGuard Holdings,
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`Inc., Case IPR2013-00454, slip op. at 5–6 (PTAB Sept. 25, 2013) (Paper
`
`12)(informative). Paper 6.
`
`In the ’1341 case, Levine opposed Boeing’s motion to submit supplemental
`
`information for the same reasons and, among others, because it seeks to improperly
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`06012-00001/7712158.1
`
`1
`
`
`
`Case IPR2016-00023
`
`“bolster the evidence originally submitted in support of the Petition” without
`
`explaining why that information could not have been submitted with the petition.
`
`See, Mitsubishi Plastics, Inc., v. Celgard, LLC, Case IPR2014-00524, slip op. at 5-
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`6 (PTAB Nov. 28, 2014) (Paper 30). ’1341 case, Paper 23.
`
`For all of the reasons set forth in Levine’s Preliminary Response in this case
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`and in its opposition to Boeings motion to submit supplemental information in the
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`’1341 case, Levine continues to oppose Boeing’s effort to insert the additional
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`evidence into these proceedings.
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`If, however, the Board decides to institute a trial in this case, Levine does
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`not oppose having this case joined with the ’1341 case.
`
`
`
`Date: February 22, 2016
`
` Respectfully submitted,
`
`By: /Bruce R. Zisser, Reg. No. 40,884/
` Bruce R. Zisser, Reg. No. 40,884
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`865 S. Figueroa St., 10th Floor
`Los Angeles, CA 90017
`General Tel: (213) 443-3000
`Direct Tel: (213) 443-3434
`Fax: (213) 443-3100
`Email: brucezisser@quinnemanuel.com
`
`Attorney for Patent Owner –
`Seymour Levine
`
`06012-00001/7712158.1
`
`2
`
`
`
`Case IPR2016-00023
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`OPPOSITION TO PETITIONER’S MOTION FOR JOINDER PURSUANT TO
`
`37 C.F.R. § 42.23 was served electronically via e-mail on February 22, 2016, in its
`
`entirety on the following:
`
`Ryan J. McBrayer (Reg. No. 54,299)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`RMcBrayer@perkinscoie.com
`
`Chun M. Ng
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`CNg@perkinscoie.com
`
` Respectfully submitted,
`
`By: /Bruce R. Zisser, Reg. No. 40,884/
` Bruce R. Zisser, Reg. No. 40,884
`Lead Attorney for Patent Owner
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`865 S. Figueroa St., 10th Floor
`Los Angeles, CA 90017
`General Tel: (213) 443-3000
`Direct Tel: (213) 443-3434
`Fax: (213) 443-3100
`Email: brucezisser@quinnemanuel.com
`
`
`Attorney for Patent Owner –
`Seymour Levine
`
`
`
`Date: February 22, 2016
`
`
`
`06012-00001/7712158.1
`
`3
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