`Filed: January 2, 2018
`
`Trials@uspto.gov
`571.272.7822
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AISIN SEIKI CO., LTD. and TOYOTA MOTOR CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01536
`Patent 7,067,944 B2
`_______________
`
`
`Before KRISTEN L. DROESCH, JOHN A. HUDALLA,
`and AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01536
`Patent 7,067,944 B2
`
`
`On December 13, 2017, we instituted an inter partes review as to
`claims 3 and 9–11 of the ’944 patent. Paper 11. We instituted trial as to
`claim 3 based on, inter alia, the asserted ground of obviousness under
`35 U.S.C. § 103(a) over the combined teachings of Itaya and Konishi. Id. at
`22.
`
`The Itaya reference was submitted as Exhibit 1005 and includes the
`original Japanese-language publication, an English-language translation, and
`a certificate of translation. Id. at 6 n.1; Ex. 1005. However, the certificate
`of translation submitted with the exhibit does not comply with 37 C.F.R.
`§ 1.68, as required by our rules. 37 C.F.R. § 1.68 (“[A] declaration may be
`used in lieu of the oath otherwise required, if, and only if, the declarant is on
`the same document, warned that willful false statements and the like are
`punishable by fine or imprisonment, or both.”); see also 37 C.F.R.
`§§ 42.63(b) (“When a party relies on a document or is required to produce a
`document in a language other than English, a translation of the document
`into English and an affidavit attesting to the accuracy of the translation must
`be filed with the document.”), 37 C.F.R. §42.2 (“Affidavit means affidavit or
`declaration under § 1.68 of this chapter.”). Although the certificate states
`that the translation is believed to be “true and correct,” it does not include
`the required warning regarding willful false statements and possible
`punishment.
`
`As such, Petitioner shall submit a compliant affidavit or declaration
`regarding the translation of the Itaya reference, utilizing its next-available
`exhibit number, within ten (10) business days of this Order. Failure to do so
`may result in a modification of the Decision on Institution such that all
`grounds involving Itaya will be dismissed from the inter partes review.
`2
`
`
`
`
`
`IPR2017-01536
`Patent 7,067,944 B2
`
`
`Accordingly, it is:
`ORDERED that, within ten (10) business days, Petitioner shall file as
`an exhibit an affidavit or a declaration that complies with 37 C.F.R. § 1.68,
`regarding the translation offered as Exhibit 1005.
`
`
`
`PETITIONER:
`Robert Mattson
`John Kern
`Marc Weinstein
`cpdocketmattson@oblon.com
`cpdocketkern@oblon.com
`cpdocketweinstein@oblon.com
`
`Joshua Golderg
`Thomas Winland
`James Barney
`Joshua.goldberg@finnegan.com
`Tom.winland@finnegan.com
`James.barney@finnegan.com
`
`
`PATENT OWNER:
`John R. King
`Ted M. Cannon
`Bridget Smith
`2jrk@knobbe.com
`2tmc@knobbe.com
`2bzs@knobbe.com
`
`Tim Seeley
`James Hietala
`tims@intven.com
`jhietala@intven.com
`
`
`
`
`3
`
`
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