`571-272-7822
`
`
`
`Paper No. 8
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES,
`Patent Owner.
`____________
`
`Case IPR2017-01525
`Patent 7,174,362
`____________
`
`Before DEBRA K. STEPHENS, KRISTEN L. DROESCH,
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`STEPHENS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Unopposed Motion to Expunge
`37 C.F.R. § 42.5
`
`I.
`INTRODUCTION
`Petitioner, in an email filed August 18, 2017, requested “authorization
`to file a motion to expunge the Voluntary Interrogatory Responses.”
`Petitioner further clarified in an email filed August 19, 2017, that Patent
`Owner did not oppose the request “provided Petitioner not be allowed to rely
`
`
`
`Case IPR2017-01525
`Patent No. 7,174,362
`
`on the facts alleged in the voluntary interrogatory responses Petitioner seeks
`to withdraw.”
`We authorized, in an email sent August 4, 2017, Petitioner to file a
`motion to expunge Petitioner’s Voluntary Interrogatory Responses, Exhibit
`1011, and authorized Patent Owner to file an opposition if Patent Owner
`chose.
`
`II. MOTION
`Petitioner filed a motion requesting Petitioner’s Voluntary
`Interrogatory Responses (Exhibit 1011) be expunged (Paper 7). Petitioner
`states the Voluntary Interrogatory Responses were submitted “to answer
`questions proactively about the relationship between Unified and its
`members” (id. at 1). The Voluntary Interrogatory Responses have been
`verified and signed by Mr. Jakel (id.; Exhibit 1011). According to
`Petitioner, Patent Owner sought to depose Mr. Jakel on the topic of the
`Voluntary Interrogatory Responses, without asking for other discovery first
`(Paper 7). To obviate any need to depose Mr. Jakel, Petitioner seeks
`expungement of the Voluntary Interrogatory Responses (id.).
`Patent Owner did not oppose the motion.
`In view of the above, Petitioner’s Motion to Expunge Exhibit 1011 is
`granted.
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Exhibit 1011 identified in the Patent Trial and Appeal
`
`Board End to End filing system is expunged from the record in this case.
`
`
`
`2
`
`
`
`Case IPR2017-01525
`Patent No. 7,174,362
`
`
`PETITIONER:
`
`David L. Cavanaugh
`Daniel V. Williams
`Vera A. Shmidt
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`vera.shmidt@wilmerhale.com
`
`Ashraf Fawzy
`Jonathan Stroud
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`
`PATENT OWNER:
`
`Walter D. Davis, Jr.
`Wayne M. Helge
`Aldo Noto
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`wdavis@dbjg.com
`whelge@dbjg.com
`anoto@dbjg.com
`
`
`
`
`3
`
`
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