`571-272-7822
`
`
`
`
`Paper 30
`Entered: August 14, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SQUARE, INC.,
`Petitioner,
`
`v.
`
`4361423 CANADA INC.,
`Patent Owner.
`____________
`
`IPR2019-01649
`Patent 9,016,566 B2
`_______________
`
`
`Before JAMESON LEE, ROBERT J. WEINSCHENK, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2019-01649
`Patent 9,016,566 B2
`
`
`I. ANALYSIS
`
`Patent Owner’s Response was due on July 22, 2020. In an email to
`
`the Board on July 24, 2020, Patent Owner explained that due to technical
`
`issues, some of the exhibits accompanying its Response were not filed until
`
`July 23, 2020, between approximately 12:10 am and 1:40 am. Patent Owner
`
`also explained that the Response and accompanying exhibits were not served
`
`by email on Petitioner until July 23, 2020, at approximately 1:51 am.
`
`Further, Patent Owner stated that the Certificate of Service for the Response
`
`and accompanying exhibits incorrectly states that the documents were served
`
`on July 22, 2020, instead of July 23, 2020.
`
`Patent Owner requested that its Response and accompanying exhibits
`
`be deemed timely, and that it be permitted to file a corrected Certificate of
`
`Service. Petitioner does not oppose Patent Owner’s request. Because Patent
`
`Owner’s filing and service were late by only a couple of hours and Petitioner
`
`does not oppose, we granted Patent Owner’s request in an email to the
`
`parties on July 29, 2020.
`
`In its email to the Board on July 24, 2020, Patent Owner also
`
`explained that it noticed some incorrect citations in the Zatkovitch
`
`Declaration (Ex. 2005) that accompanies its Response. Patent Owner
`
`requested authorization to file a corrected Zatkovitch Declaration. Petitioner
`
`does not oppose Patent Owner’s request. In an email to the Board on August
`
`13, 2020, the parties indicated that they do not object to expungement of the
`
`original Zatkovitch Declaration filed on July 23, 2020. Because Petitioner
`
`does not oppose, Patent Owner’s request is granted. Further, we will
`
`expunge the original Zatkovitch Declaration filed on July 23, 2020, from the
`
`record.
`
`2
`
`
`
`IPR2019-01649
`Patent 9,016,566 B2
`
`
`It is hereby
`
`II. ORDER
`
`
`
`ORDERED that Patent Owner’s request that its Response and
`
`accompanying exhibits be deemed timely is granted;
`
`
`
`FURTHER ORDERED that Patent Owner’s request to file a corrected
`
`Certificate of Service for its Response and accompanying exhibits is
`
`granted;
`
`
`
`FURTHER ORDERED that Patent Owner’s request to file a corrected
`
`Zatkovitch Declaration is granted; and
`
`FURTHER ORDERED that the original version of the Zatkovitch
`
`Declaration (Ex. 2005) filed on July 23, 2020, is expunged from the record.
`
`3
`
`
`
`IPR2019-01649
`Patent 9,016,566 B2
`
`PETITIONER:
`
`David M. Tennant
`Grace I. Wang
`WHITE & CASE LLP
`dtennant@whitecase.com
`grace.wang@whitecase.com
`
`
`PATENT OWNER:
`
`Jason S. Jackson
`Niall A. MacLeod
`KUTAK ROCK LLP
`jason.jackson@kutakrock.com
`niall.macleod@kutakrock.com
`
`4
`
`
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