`571-272-7822
`
`
`
`
`
`
`
`Paper 16
`Entered: November 13, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PLASTIC DEVELOPMENT GROUP, LLC,
`Petitioner,
`
`v.
`
`MAXCHIEF INVESTMENTS LIMITED,
`Patent Owner.
`____________
`
`Case IPR2017-00846
`Patent 6,622,644 B2
`____________
`
`Before SCOTT A. DANIELS, TIMOTHY J. GOODSON, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`ORDER
`Granting Motion for Leave to Petition for Certificate of Correction
`37 C.F.R. §§ 42.20, 1.323
`
`
`
`IPR2017-00846
`Patent 6,622,644 B2
`
`Pursuant to authorization from the Board, on September 1, 2017,
`Patent Owner filed a Motion for Leave to Petition for a Certificate of
`Correction to Correct Typographical Error in Claim 14, of the ’644 patent.
`Paper 8 (“Motion”). Specifically, Patent Owner seeks to change “second
`end” to “first end” in each of the phrases, “the second end of the first support
`bar pivotally attached to the first pivot bar” and “the second end of the
`second support bar pivotally attached to the first pivot bar.” Id. at 1.
`Petitioner timely filed a Response indicating that it does not oppose
`the Motion, but stating that Petitioner wished to maintain any “right to
`address the impact of any Certificate of Correction granted by the U.S.
`Patent and Trademark Office on the ‘644 Patent itself with respect to the
`pending litigation in the Eastern District of Michigan.” Paper 11, 2
`(“Response”).
`Because we have exclusive jurisdiction over the challenged patent
`during the course of an inter partes review, see 37 C.F.R. § 42.3(a), Patent
`Owner has sought properly our authorization to file a request for a
`Certificate of Correction with the Director in order to correct a mistake made
`by the applicant.
`The Board has considered the Motion and the Response, as well as the
`applicable standards under 35 U.S.C. § 255 and 37 C.F.R. § 1.323, and has
`determined that there is sufficient basis supporting Patent Owner’s position
`that the mistake may be correctable. Accordingly, we grant the motion.
`The Board has not made a determination as to whether or not the
`mistake is in fact correctable. We leave the final determination on whether a
`Certificate of Correction should be issued with the Director in accordance
`with the authority granted in 35 U.S.C. § 255.
`
`2
`
`
`
`
`IPR2017-00846
`Patent 6,622,644 B2
`
`
` Accordingly, it is,
`ORDERED that Patent Owner’s Motion for Leave to Petition for a
`Certificate of Correction to Correct Typographical Error in Claim 14, is
`granted;
`FURTHER ORDERED that Patent Owner is authorized to file a
`request, under 37 C.F.R. § 1.323, for a certificate of correction as to the
`aforementioned mistakes in claim 14 of U.S. Patent No. 6,622,644 B2, in
`accordance with § 1481 of the Manual of Patent Examining Procedure;
`FURTHER ORDERED that Patent Owner shall file with the Director
`its Petition for a Certificate of Correction to Correct Typographical Error in
`Claim 14, within 14 days of the entry of this Order and shall serve a copy of
`the Petition on Petitioner and file a copy of the Petition as an exhibit in this
`proceeding;
`FURTHER ORDERED that when a decision is rendered on Patent
`Owner’s Petition for Certificate of Correction to Correct Typographical
`Error in Claim 14, Patent Owner shall file a copy of the document as an
`exhibit in this proceeding; and
`FURTHER ORDERED that in this proceeding, the parties shall
`proceed as though claim 14 recites “the first second end of the first support
`bar pivotally attached to the first pivot bar” and “the first second end of the
`second support bar pivotally attached to the first pivot bar” unless a contrary
`decision on the requested certificate of correction is reached by the Director.
`
`3
`
`
`
`IPR2017-00846
`Patent 6,622,644 B2
`
`For PETITIONER:
`
`John S. LeRoy
`Mark A. Jotanovic
`Michael N. Maccallum
`BROOKS KUSHMAN, P.C.
`mmaccallum@brookskushman.com
`mjotanovic@brookskushman.com
`jleroy@brookskushman.com
`
`For PATENT OWNER:
`
`Mark P. Crockett
`Michael J. Bradford
`LUEDEKA NEELY GROUP, P.C.
`mcrockett@Luedeka.com
`mbradford@Luedeka.com
`
`4
`
`
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