`
`Trials@uspto.gov Paper No. 17
`571.272.7822
` Entered: February 8, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOSO NORTH AMERICA, INC. and MOSO INTERNATIONAL B.V.,
`Petitioners,
`
`v.
`
`DASSO INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`IPR2019-00184
`Patent 8,709,578 B2
`____________
`
`
`
`Before WESLEY B. DERRICK, JEFFREY W. ABRAHAM, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`DERRICK, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`Granting Petitioner’s Motion to Correct Clerical Errors
`37 C.F.R. §§ 42.5, 42.104(c)
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-00184
`Patent 8,709,578 B2
`
`
`Moso North America, Inc. and Moso International B.V.
`(“Petitioners”) filed a Motion Under 37 C.F.R. § 42.104(c) to Correct
`Clerical Errors in Petition (“Motion” or “Mot.”). Paper 16. Specifically,
`Petitioners seek authorization to file a corrected version of the Petition
`(Paper 1) and the Declaration of Felix Böck (Ex. 1003, “Declaration” or
`“Decl’n”). Mot. 1. Petitioners support the Motion with a redline version of
`the Petition (Ex. 1010) and the Declaration (Ex. 1011).
`As Petitioners explain, the Petition includes placeholder citations to
`Chinese Patent Application Publication No. 200610021013.2 (Ex. 1004,
`“Li”) and Exhibit 1007 (titled “ThermoWood Handbook”) with prefixes
`varying from Petitioners’ citation scheme, and both the Petition and the
`Declaration cite to page numbers of Li varying from those in the version of
`Li filed as Exhibit 1004. Mot. 2–3.
`Petitioners contend that the proposed changes relate to non-
`substantive, clerical errors that they did not identify prior to filing, that they
`promptly sought correction, and that correction will not prejudice Patent
`Owner. Id. at 4–5. Petitioners further represent that Patent Owner Dasso
`International, Inc. does not oppose the Motion. Id. at 1.
`Having considered the Motion and supporting exhibits, we grant
`Petitioners’ Motion to correct the errors identified in the Petition and the
`Declaration.
`In this case, Patent Owner does not oppose the motion, no prejudice to
`Patent Owner has been called to our attention, and error correction is
`consistent with the efficient administration of the case. See, e.g., 37 C.F.R.
`42.1(b) (dictating that Part 42 of 37 C.F.R. “shall be construed to secure the
`just, speedy and inexpensive resolution of every proceeding”). Further, our
`
`2
`
`
`
`IPR2019-00184
`Patent 8,709,578 B2
`
`rules provide for correcting such clerical errors. 37 C.F.R. § 42.104(c) (“A
`motion may be filed that seeks to correct a clerical or typographical mistake
`in the petition.”). Finally, we note that “[t]he grant of [this] motion does not
`change the filing date of the petition.” Id.
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Petitioners’ Motion (Paper 16) is GRANTED;
`FURTHER ORDERED that Petitioners file a Corrected Petition as a
`Paper titled Corrected Petition;
`FURTHER ORDERED that Petitioners file a Corrected Declaration of
`Felix Böck as Exhibit 1003; and
`FURTHER ORDERED that current Exhibit 1003 be expunged upon
`the filing of the corrected version.
`
`
`
`3
`
`
`
`IPR2019-00184
`Patent 8,709,578 B2
`
`PETITIONER:
`Thomas G. Pasternak
`John M. Schafer
`AKERMAN LLP
`thomas.pasternak@akerman.com
`jay.schafer@akerman.com
`
`PATENT OWNER:
`Thomas H. Kramer
`O’KELLY ERNST & JOYCE, LLC
`tkramer@oelegal.com
`
`Gerard O’Rourke
`O’ROURKE LAW OFFICE, LLC
`gorourke@orourkefirm.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
