throbber
Trials@uspto.gov
`571-272-7822
`
` Paper No. 12
` Date: June 18, 2020
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`JUNIPER NETWORKS, INC.,
`Petitioner,
`v.
`IMPLICIT, LLC,
`Patent Owner.
`
`
`IPR2020-00585, IPR2020-00586, IPR2020-00587,
`IPR2020-00590, IPR2020-00591, and IPR2020-005921
`
`
`
`Before THOMAS L. GIANNETTI, BARBARA A. PARVIS,
`SHEILA F. McSHANE, and NABEEL U. KHAN,
`Administrative Patent Judges.2
`
`PARVIS, Administrative Patent Judge.
`
`ORDER GRANTING REQUEST TO REPLACE EXHIBIT 1011
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 The patents are U.S. Patent Nos. 8,694,683 B2, 9,270,790 B2,
`9,591,104 B2, 10,027,780 B2, 10,033,839 B2, and 10,225,378 B2. The
`parties may not use this caption for any subsequent papers without prior
`Board authorization.
`2 This is not an order from an expanded panel of the Board. Administrative
`Patent Judges of each of the three-member panels from all the respective
`proceedings are listed.
`
`
`
`

`

`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
`IPR2020-00590 (Patent 10,027,780 B2)
`IPR2020-00591 (Patent 10,033,839 B2)
`IPR2020-00592 (Patent 10,225,378 B2)
`
`
`BACKGROUND
`Petitioner filed a declaration of Dr. Seth Nielson (Ex. 1011) with its
`petitions on February 13, 2020 and February 14, 2020.3 In a conference call
`held May 21, 2020, Petitioner stated that it became aware after filing the
`declaration that it had inadvertently omitted Dr. Nielson’s curriculum vitae
`from Exhibit 1011. See, e.g., IPR2020-00585, Ex. 1058, 10:18–22.
`Petitioner requested leave to file a replacement Exhibit 1011 to include the
`missing curriculum vitae. Id at 11:7–8. Patent Owner did not oppose, and
`during the conference call we authorized filing of the replacement exhibit.
`Id. at 11:9–12.
`On May 27, 2020, Petitioner filed replacement Exhibit 1011,
`including the previously omitted curriculum vitae. Exhibit 1011 filed
`February 13, 2020 in IPR2020-00585 and IPR2020-00586 and Exhibit 1011
`filed on February 14, 2020 in IPR2020-00587, IPR2020-00590, IPR2020-
`00591, and IPR2020-00592 shall be expunged.
`ORDER
`
`Accordingly, it is hereby:
`
`ORDERED that Exhibit 1011 filed February 13, 2020 in IPR2020-
`
`00585 and IPR2020-00586 and Exhibit 1011 filed on February 14, 2020 in
`IPR2020-00587, IPR2020-00590, IPR2020-00591, and IPR2020-00592 be
`expunged.
`
`
`3 In IPR2020-00585 and IPR2020-00586, Exhibit 1011 was filed on
`February 13, 2020. In IPR2020-00587, IPR2020-00590, IPR2020-00591,
`and IPR2020-00592, Exhibit 1011 was filed on February 14, 2020.
`
`2
`
`

`

`IPR2020-00585 (Patent 8,694,683 B2)
`IPR2020-00586 (Patent 9,270,790 B2)
`IPR2020-00587 (Patent 9,591,104 B2)
`IPR2020-00590 (Patent 10,027,780 B2)
`IPR2020-00591 (Patent 10,033,839 B2)
`IPR2020-00592 (Patent 10,225,378 B2)
`
`For PETITIONER:
`
`Jonathan Lindsay
`David McPhie
`IRELL & MANELLA LLP
`jlindsay@irell.com
`dmcphie@irell.com
`
`For PATENT OWNER:
`
`Christian Hurt
`DAVIS FIRM, PC
`churt@davisfirm.com
`
`
`
`
`
`3
`
`

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