`
`
`Paper 44
`Date: May 15, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NAVISTAR, INC.,
`Petitioner,
`
`v.
`
`FATIGUE FRACTURE TECHNOLOGY, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00853
`Patent 7,143,915 B2
`____________
`
`Before LINDA E. HORNER, BENJAMIN D. M. WOOD, and
`RICHARD H. MARSCHALL, Administrative Patent Judges.
`
`HORNER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`IPR2018-00853
`
`Patent 7,143,915 B2
`We issue this order in response to Patent Owner Fatigue Fracture
`Technology, LLC’s request for authorization to re-file its Motion to Exclude
`(“Motion”). Exhibit 3002.
`Patent Owner asserts that it filed a Motion to Exclude on May 13,
`2019 in PTAB E2E, but did not receive a confirmation email from the
`system regarding the filing. Id. Patent Owner also provided evidence that it
`served Petitioner’s counsel with the Motion by email on the same day it was
`filed. Id. Patent Owner asserts that because it did not receive confirmation
`of the first filing, it filed the Motion a second time on May 13, 2019 in
`PTAB E2E. Id. Patent Owner provided a screen shot of the “Document
`Successfully Uploaded” flag as visible on the screen after the second filing
`of the Motion. Id. Patent Owner also provided a screen shot, dated May 14,
`2019, of Patent Owner’s docket in PTAB E2E, which shows two instances
`of Patent Owner’s Motion to Exclude being filed on May 13, 2019. Id.
`When Patent Owner contacted the Board help line to request deletion of the
`second, duplicate Motion, the Board informed Patent Owner that the Board
`could not see either the first filing or the second filing of the Motion on the
`PTAB side of the PTAB E2E docket. Id. Patent Owner then contacted the
`Board to request authorization to re-file the Motion and to request that the
`Motion, as re-filed, be counted as timely filed. Id. Petitioner takes no
`position as to Patent Owner’s request to re-file the Motion to Exclude. Id.
`Based on the assertions made in Patent Owner’s communication to the
`Board and the screenshots of the PTAB E2E system provided by Patent
`Owner, the Board authorizes Patent Owner to re-file its Motion to Exclude
`in PTAB E2E. The Motion, if re-filed by May 16, 2019, will be considered
`as timely filed. Because Petitioner’s counsel was served with the Motion on
`
`2
`
`
`
`
`
`
`IPR2018-00853
`
`Patent 7,143,915 B2
`the due date, we will not reset the due date for Petitioner’s filing of any
`opposition to the Motion.
`It is hereby:
`ORDERED that Petitioner’s request for authorization to re-file the
`motion to exclude is granted; and
`FURTHER ORDERED that no changes to the due dates as set forth in
`the Scheduling Order are necessary.
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2018-00853
`Patent 7,143,915 B2
`For PETITIONER:
`
`Craig D. Leavell
`Richard Marsh
`Matthew M. Kamps
`FAEGRE BAKER DANIELS LLP
`craig.leavell@faegrebd.com
`richard.marsh@faegrebd.com
`matt.kamps@faegrebd.com
`
`
`For PATENT OWNER:
`
`Meredith Martin Addy
`Robert P. Hart
`ADDYHART P.C.
`meredith@addyhart.com
`robert@addyhart.com
`
`Sandeep Seth
`SethLaw
`ss@sethlaw.com
`
`Corey Tumey
`Tumey L.L.P.
`ctumey@tumeyllp.com
`
`
`
`
`
`
`
`4
`
`
`
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