`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`CORPAK MEDSYSTEMS, INC. and HALYARD HEALTH, INC,
`Petitioner,
`
`v.
`
`KIRN MEDICAL DESIGN, L.L.C.,
`Patent Owner.
`
`_______________
`
`Case IPR2017-01990
`Patent 6,631,715
`
`_______________
`
`Before PATRICK E. BAKER, Trial Paralegal.
`
`
`
`
`
`EXCLUSIVE LICENSEE APPLIED MEDICAL TECHNOLOGY, INC.’S
`MOTION TO FILE A CORRECTED PATENT OWNER’S PRELIMINARY
`RESPONSE AND TO REFILE EXHIBITS FILED ON DECEMBER 12, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.22(a), and as authorized by the Board in an e-
`
`mail dated December 15, 2017, Exclusive Licensee APPLIED MEDICAL
`
`TECHNOLOGY, INC. (“Exclusive Licensee AMT”) respectfully requests
`
`authorization to file a Corrected Patent Owner’s Preliminary Response, corrected
`
`with respect to numbering of exhibits in the Exhibit List and throughout the
`
`Preliminary Response, and with respect to the heading. Exclusive Licensee AMT
`
`also requests authorization to refile the exhibits as filed on December 12, 2017,
`
`renumbered as Exhibits 2002-2008. Exclusive Licensee AMT also requests
`
`expungement of the Patent Owner’s Preliminary Response and Exhibits 2001-2007
`
`as filed on December 12, 2017.
`
`Reasons for Relief Requested
`
`This Motion is being filed to correct two clerical errors inadvertently
`
`introduced by Exclusive Licensee AMT’s Lead Counsel Gregory M. York.
`
`The first error relates to inadvertent re-use of an exhibit number. Exclusive
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`Licensee AMT used the number 2001 for an exhibit corresponding to a Declaration
`
`filed with a Motion for Pro Hac Vice Admission on September 27, 2017.
`
`Exclusive Licensee AMT inadvertently used the number 2001 again for a technical
`
`reference, referred to as Ticona, “Design Calculations for Snap Fit Joints in Plastic
`
`Parts,” filed with the Patent Owner’s Preliminary Response on December 12, 2017.
`
`
`
`1
`
`
`
`Specifically, in preparing the Patent Owner’s Preliminary Response, Gregory M.
`
`York numbered seven exhibits discussed in the Patent Owner’s Preliminary
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`Response as exhibits 2001-2007, without taking into account the Declaration
`
`previously filed as exhibit 2001. Gregory M. York did not recognize this error
`
`until after filing the Patent Owner’s Preliminary Response.
`
`Exclusive Licensee AMT requests the replacement in order to meet the
`
`requirements of 37 CFR 42.63(c), requiring that exhibits be uniquely numbered
`
`sequentially, and of 37 CFR 42.63(e), requiring maintaining and filing of a current
`
`exhibit list when filing exhibits. Exclusive Licensee AMT also requests the
`
`replacement to clarify the record of the case.
`
`The second error relates to the heading provided on the first page of the
`
`Patent Owner’s Preliminary Response. Exclusive Licensee AMT inadvertently
`
`followed the heading provided on the Petition, which lists “Applied Medical
`
`Technology, Inc.” as a Patent Owner, rather than following the heading provided
`
`on the Notice of Filing Date Accorded to Petition, which does not. Specifically, in
`
`preparing the Patent Owner’s Preliminary Response, Gregory M. York followed
`
`the heading provided on the Petition, rather than on the Notice of Filing Date
`
`Accorded to Petition. Gregory M. York did not recognize this error until after
`
`filing the Patent Owner’s Preliminary Response. Exclusive Licensee AMT
`
`requests authorization to make this correction to clarify the record of the case.
`
`
`
`2
`
`
`
`Exclusive Licensee AMT has contacted Petitioners, and Petitioners do not
`
`oppose Exclusive Licensee AMT’s request.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: December 18, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/Gregory M. York/
`By:
`Gregory M. York (Reg. No. 57,533)
`Pearne & Gordon LLP
`Attorney for Patent Owner
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on December
`
`
`
`18, 2017, a complete and entire copy of this MOTION TO FILE A CORRECTED
`
`PATENT OWNER’S PRELIMINARY RESPONSE AND TO REFILE EXHIBITS
`
`FILED ON DECEMBER 12, 2017 was provided via electronic mail to the
`
`attorneys of record for Petitioners:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lead Counsel:
`
`
`
`Richard M. McDermott
`Registration No. 40,720
`ALSTON & BIRD LLP
`101 S. Tryon St, Ste 4000
`Charlotte, NC 28280
`rick.mcdermott@alston.com
`
`Back-up Counsel: Jitendra Malik Ph.D.
`Registration No. 55,823
`ALSTON & BIRD LLP
`jitty.malik@alston.com
`
`Alissa M. Pacchioli
`Registration No. 74,252
`ALSTON & BIRD LLP
`alissa.pacchioli@alston.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Gregory M. York/
`
`Gregory M. York (Reg. No. 57,533)
`Pearne & Gordon LLP
`Attorney for Patent Owner
`
`4
`
`
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