`571.272.7822
`
`
`
` Paper No. 51
`
` Entered: March 21, 2019
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KVK-TECH, INC.,
`Petitioner,
`
`v.
`
`SHIRE PLC,
`Patent Owner.
`____________
`
`Case IPR2018-00290 (Patent 8,846,100 B2)
`Case IPR2018-00293 (Patent 9,173,857 B2)1
`____________
`
`
`
`Before RAMA G. ELLURU, SHERIDAN K. SNEDDEN, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`1 This Decision addresses issues that are the same in the above-identified
`proceedings. We exercise our discretion to issue one Decision to be entered
`in each proceeding. The parties are not authorized to use this joint heading
`and filing style in their papers.
`
`
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`On March 7, 2019, the Board ordered (Paper 41, 3) Petitioner and
`Patent Owner to meet and confer in an attempt to seek an agreed upon
`resolution (e.g., a motion to file a corrected declaration) with respect to
`Petitioner filing a declaration without a proper oath (Ex. 1045). By e-mail
`dated March 12, 2019, Petitioner notified the Board that “Dr. McCracken
`executed a corrected declaration with a proper oath on February 26, 2019
`(EX.1058), and it was served on Patent Owner that same day. Patent Owner
`marked the corrected declaration of Dr. McCracken at Dr. McCracken’s
`deposition and deposed Dr. McCracken on the corrected declaration.” In
`addition, Petitioner requests authorization to file the corrected declaration of
`Dr. McCracken executed with the proper oath in these cases and attests that
`Patent Owner does not object to this filing.
`Given that Patent Owner does not object, we do not require a motion
`seeking authorization. We further grant Petitioner authorization to file the
`corrected declaration of Dr. McCracken executed with the proper oath.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`
`IT IS:
`ORDERED that Petitioner is authorized to file the corrected
`
`declaration of Dr. McCracken executed with the proper oath.
`
`
`
`3
`
`
`
`IPR2018-00290 (Patent 8,846,100 B2)
`IPR2018-00293 (Patent 9,173,857 B2)
`
`
`PETITIONER:
`
`Steven Roth
`Thomas Vetter
`Lucas & Mercanti, LLP
`sroth@lmiplaw.com
`tvetter@lmiplaw.com
`
`PATENT OWNER:
`
`Joseph Robinson
`Robert Schaffer
`Dustin Weeks
`Troutman Sanders LLP
`joseph.robinson@troutmansanders.com
`robert.schaffer@troutmansanders.com
`dustin.weeks@troutmansanders.com
`
`
`4
`
`
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