`
` Paper No. 11
`Trials@uspto.gov
`571-272-7822 Entered: May 23, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTA MEDICAL L.L.C.,
`Petitioner,
`
`v.
`
`
`
`CURLIN MEDICAL INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00324
`Patent 6,164,921
`____________
`
`
`
`Before BEVERLY M. BUNTING, JAMES A. WORTH, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2017-00324
`Patent 6,164,921
`
`
`In an email to the Board dated April 11, 2017, Petitioner requested
`leave to file a corrected copy of its expert declaration because the expert’s
`electronic signature is obscured in the uploaded version. See Ex. 1002 ¶
`263. The Board directed Petitioner to confer with Patent Owner, and inform
`us whether Patent Owner agrees to Petitioner’s request. The parties
`responded that Patent Owner does not agree to this filing, in an email dated
`May 3, 2017, and requested a teleconference. We replied that a
`teleconference is unnecessary, and that an order would follow.
`Our rules provide for correction of “a clerical or typographical
`mistake in the petition. The grant of such a motion does not change the
`filing date of the petition.” 37 C.F.R. § 42.104(c). Having reviewed the
`declaration, we are persuaded that Petitioner’s error is clerical in nature.
`Specifically, the electronic signature of its declarant, Dr. Meinhart that
`appears as a pixelated box. Ex. 1002 ¶ 263.
`As such, Petitioner is authorized to file, as an exhibit, a corrected
`signature page from its expert declaration, along with a paper certifying that
`(1) the Declaration was timely signed by Dr. Meinhart on the date indicated;
`and (2) no other changes have been made. Petitioner is reminded of the
`expectation that attorneys exercise a duty of candor in all matters and
`representations before the Board. See 37 C.F.R. § 42.11.
`
`Accordingly, it is
`ORDERED that Petitioner is directed to file, as an exhibit, a corrected
`copy of the signature page from its expert declaration, along with the
`requested certification, no later than ten business days from the date of this
`Order.
`
`
`
`2
`
`
`
`IPR2017-00324
`Patent 6,164,921
`
`PETITIONER:
`
`Donald McPhail
`Kyle Vos Strache
`COZEN O’CONNOR
`dmcphail@cozen.com
`kvosstrache@cozen.com
`
`
`
`
`PATENT OWNER:
`
`Jason E. Stach
`Brandon Bludau
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`Jason.stach@finnegan.com
`Brandon.bludau@finnegan.com
`
`George Snyder
`Charles Rauch
`HODGSON RUSS LLP
`gsnyder@hodgsonruss.com
`crauch@hodgsonruss.com
`
`
`
`
`3
`
`
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