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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WARGAMING GROUP LIMITED
`Petitioner
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`v.
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`GAME AND TECHNOLOGY CO., LTD.,
`Patent Owner
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`Case IPR2017-01082
`Patent 7,682,243
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`_____________
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`MOTION TO FILE CORRECTED PATENT OWNER RESPONSE
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`PATENT OWNER MOTION TO FILE CORRECTED PATENT OWNER RESPONSE
`Case IPR2017-01082
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`I. STATEMENT OF THE PRECISE RELIEF REQUESTED
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`Patent Owner Game and Technology Co, Ltd. respectfully moves the Patent
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`Trial and Appeal Board (Board) to allow Patent Owner to file a Corrected Patent
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`Owner Response. Petitioner does not oppose this motion.
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`II. STATEMENT OF FACTS
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`The due date for Patent Owner Response was February 5, 2018, as agreed
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`between the parties in Paper No. 35, Stipulation dated January 9, 2018..
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`On February 5, 2018, due to a clerical error, Patent Owner inadvertently
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`filed a draft version of the Patent Owner Response and not the final version of the
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`Response. As discussed in the Declaration of Shelia Blackston(Ex[2033]), Ms.
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`Blackston was instructed by Patent Owner's counsel to file and serve a document
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`entitled "Final Patent Owner Response." However, due to a clerical error, Mr.
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`Blackston filed an earlier draft of the Patent Owner Response entitled "Draft Patent
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`Owner Response v2."The draft version was not signed and included a Watermark
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`"Draft."
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`Petitioner's counsel informed Patent Owner's counsel of the unsigned Patent
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`Owner Response on February 9, 2018, and Patent Owner's Counsel and Petitioner's
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`Counsel conferred regarding this Motion on February 12 and 13, 2018.
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`PATENT OWNER MOTION TO FILE CORRECTED PATENT OWNER RESPONSE
`Case IPR2017-01082
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`III. LEGAL STANDARD
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`37 C.F.R. § 42.5(b) provides that “[t]he Board may waive or suspend a
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`requirement of . . . [part] 42 and may place condition on the waiver or suspension.”
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`"A late action will be excused on a showing of good cause or upon a Board
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`decision that consideration on the merits would be in the interests of justice.” 37
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`C.F.R. § 42.5(c)(3). For example, in Presidio Components v. AVX Corp.,IPR2015-
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`01332, Paper 12 at 2-4 (PTAB Aug. 21, 2015), the Board allowed the petitioner to
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`File a Corrected Declaration where the copy that was filed had been unsigned. In
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`Presidio at 4, the Board stated, “[i]nadvertent mistakes generally not affecting the
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`merits of a case can happen, and we expect the parties to address them amicably."
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`III. ANALYSIS
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`Patent Owner respectfully moves the Patent Trial and Appeal Board (Board)
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`to allow Patent Owner to file a Corrected Patent Owner Response including the
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`document that Ms. Blackston was instructed to file ("Final Patent Owner
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`Response").
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`Petitioner is not prejudiced by this corrected filing because the Corrected
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`Patent Owner Response is substantially the same as the Patent Owner Response
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`that was inadvertently filed on February 5, 2018, with citations modified and the
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`Response shortened so that it is within the word limit of 37 C.F.R. § 41. The
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`changes between the erroneous document filed February 5, 2018, and the signed
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`PATENT OWNER MOTION TO FILE CORRECTED PATENT OWNER RESPONSE
`Case IPR2017-01082
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`Patent Owner Response that Patent Owner respectfully requests leave to file are
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`shown in the attached Ex[2034].
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`Moreover, Petitioner has until May 1, 2018, to file its Reply, as agreed by
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`the parties in Paper No. 35, the Stipulation dated January 9, 2018. Therefore,
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`Petitioner has sufficient time to prepare its Reply.
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`IV. CONCLUSION
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`For the reasons discussed above, Patent Owner moves the Patent Trial and
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`Appeal Board (Board) to allow Patent Owner to file a Corrected Patent Owner
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`Response.
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`Respectfully submitted,
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`/John M. Bird/ # 46,027, John M. Bird
`for
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`William H. Mandir
`Registration No. 32,156
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`Sughrue Mion, PLLC
`CUSTOMER NUMBER: 23373
`Date: February 15, 2018
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