`
`
`Trials@uspto.gov
`]571-272-7822 Entered: February 23, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`MIRA ADVANCED TECHNOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01411
`Patent 9,531,657 B2
`
`
`
`Before MINN CHUNG, MICHELLE N. WORMMEESTER, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5, 42.7(a), 42.20(b)
`
`
`
`
`
`
`IPR2017-01411
`Patent 9,531,657 B2
`
`
`
`On February 16, 2018, without first seeking our authorization to file
`any motion, Patent Owner filed a Motion for Permission to File and
`Acceptance of Late Filed Patent Owner’s Response. Paper 20 (“Motion” or
`“Mot.”). According to Patent Owner, Petitioner does not oppose the Motion.
`Mot. 1.
`Under 37 C.F.R. § 42.20(b), a party wishing to file a motion must
`seek authorization from the Board prior to filing the motion unless the
`motion is authorized under the rules or otherwise authorized by an order
`entered by the Board. Patent Owner’s Motion is not authorized by any rules
`or any order entered in this proceeding. Accordingly, Patent Owner’s
`Motion is procedurally improper, and, therefore, is expunged from the
`record of this proceeding. See 37 C.F.R. §§ 42.5, 42.7(a).
`The parties are reminded that, under the Scheduling Order entered in
`this proceeding (Paper 9), the parties may stipulate to a different date for
`DUE DATE 1 without further authorization from the Board. See Paper 9, 4–
`5. In the alternative, Patent Owner may request a conference call with the
`Board to seek authorization for filing a motion for leave to file a late Patent
`Owner Response. The parties are encouraged, however, to resolve any
`disputes relating to the late filing of the Patent Owner Response, and
`stipulate to a different date for DUE DATE 1.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Paper 20 is expunged from the record of this
`proceeding.
`
`
`2
`
`
`
`IPR2017-01411
`Patent 9,531,657 B2
`
`
`PETITIONER:
`Andrew M. Mason
`John D. Vandenberg
`KLARQUIST SPARKMAN, LLP
`andrew.mason@klarquist.com
`john.vandenberg@klarquist.com
`
`
`PATENT OWNER:
`Joseph J. Zito
`Richard A. Castellano
`Paul Grandinetti
`DNL ZITO
`jzito@dnlzito.com
`rcastellano@dnlzito.com
`mail@levygrandinetti.com
`
`
`
`
`3
`
`
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