`571-272-7822
`
`
`
`
`
`Paper 39
`Entered: July 20, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`IPA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`Cases IPR2019-00810, IPR2019-00811,
`IPR2019-00812, IPR2019-00813, IPR2019-00814
`(Patent 6,851,115 B1)
`and
`Cases IPR2019-00835, IPR2019-00836,
`IPR2019-00837 (Patent 7,069,560 B1)
`_____________
`
`
`
`Before LYNNE E. PETTIGREW, MINN CHUNG, and KEVIN C. TROCK,
`Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER1
`Granting Joint Request to Correct Record
`37 C.F.R. § 42.5
`
`
`1 We issue one Order to be filed in each case. Citations are to IPR2019-
`00810 unless otherwise noted. The parties are not authorized to use a multi-
`case caption.
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835,
`IPR2019-00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`
`On July 14, 2020, we received by email a joint request from counsel
`for the parties to make certain corrections to the record in these cases.2 In
`the email, the parties jointly requested the following corrections to the
`record:
`The parties have conferred regarding a dispute relating to
`exhibits submitted with Patent Owner’s Sur-Reply and have
`reached a compromise to address the dispute. Specifically, the
`parties have agreed that the following should be expunged or
`stricken from the record:
`
`
`
`
`- Exhibit 2082 (from the -810, -811, -812, -813, -814, -
`835, -836, and -837 proceedings)
`
`- Exhibit 2084 (from the -835, -836, -837 proceedings)
`
`- The entire following sentence in the Consolidated Patent
`Owner Sur-Replies on page 41 (-810, -811, -812, -813, -
`814 proceedings) and page 36 (-835, -836, -837
`proceedings):
`
`
`There is ample literature—including a seminal
`publication from Carnegie Mellon University—
`dating back at least to 1995 on the issue of
`“architectural mismatch” that arises when such
`combinations are attempted even by world-leading
`software engineering researchers. (See Ex. 2082.)
`
`
`
`
`2 A copy of the July 14, 2020 email will be entered as Exhibit 3002 in each
`of the eight cases.
`
`
`
`
`2
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835,
`IPR2019-00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`
`- The underlined and bolded portions of the following
`passage in the Consolidated Patent Owner Sur-Reply on
`page 42 (-835, -836, -837 proceedings):
`
`
`“Component” (which is a software-system
`design/implementation notion) and “process”
`(which is an operating system notion) are
`orthogonal notions. (See Ex. 2084, 65-67.)
`Namely, multiple components may run in a single
`process; it may be possible to have a single
`component per process in a specific software
`system (per the system architects’ design
`decision); it may also be possible to distribute a
`single component (e.g., a server that must service
`many clients simultaneously) across multiple
`processes. (Id.)
`
`
`Ex. 3002.
`A conference call was held with counsel for the parties that day to
`discuss the joint request and other matters. During the conference call, the
`parties confirmed their agreement to the joint request to correct the record as
`described in the email. See id.
`Having considered the parties joint request and the reasons therefor,
`we find that there is good cause to expunge Exhibits 2082 and 2084, as well
`as to have filed corrected Patent Owner Sur-Replies, in the identified
`proceedings. Accordingly, the parties’ joint request to correct the record as
`described in Exhibit 3002 is granted.
`
`
`
`
`
`
`3
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835,
`IPR2019-00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`For PETITIONER:
`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
`
`For PATENT OWNER:
`Steven Hartsell
`Alexander Gasser
`Sarah Spires
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
`agasser@skiermontderby.com
`sspires@skiermontderby.com
`
`
`
`
`
`4
`
`
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