`571-272-7822
`
`Paper 50
`Entered: June 16, 2022
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TEKNI-PLEX, INC.,
`Petitioner,
`
`v.
`
`CONVERTER MANUFACTURING, LLC,
`Patent Owner.
`
`
`IPR2021-00916 (Patent 9,908,281 B1)
`IPR2021-00918 (Patent 10,189,624 B2)
`IPR2021-00919 (Patent 10,562,680 B2)1
`
`
`
`
`Before GRACE K. OBERMANN, JAMES A. TARTAL, and
`AVELYN M. ROSS, Administrative Patent Judges.
`
`ROSS, Administrative Patent Judge.
`
`
`
`ORDER
`Granting-in-Part Patent Owner’s Unopposed
`Motion to Submit Supplemental Information
`37 C.F.R. § 42.123(a)
`
`
`1 We exercise our discretion to issue a single order to be entered in each of
`the above-identified proceedings. The parties are not authorized to use this
`style heading in subsequent papers.
`
`
`
`IPR2021-00916 (Patent 9,908,281 B1)
`IPR2021-00918 (Patent 10,189,624 B2)
`IPR2021-00919 (Patent 10,562,680 B2)
`
`INTRODUCTION
`I.
`Patent Owner, Converter Manufacturing, LLC, with authorization,
`filed a Motion to Submit Supplemental Information. Paper 36 (“Motion”).
`Petitioner, Tekni-Plex, Inc., withdrew its opposition to Patent Owner’s
`Motion on May 23, 2022. Ex. 3003. Through its Motion, Patent Owner
`seeks to supplement the record with proposed Exhibits 2037 and 2056
`(“Supplemental Information”). For the reasons that follow, we grant the
`unopposed Motion. 2
`
`II. BACKGROUND
`We instituted trial on all claims and all grounds on October 22, 2021.
`Paper 6. Patent Owner filed its Patent Owner Response (Paper 15) on
`February 21, 2022, and Patent Owner filed a Corrected Patent Owner
`Response on March 8, 2022. Paper 20. On February 28, 2022, Petitioner
`filed its objections to the evidence filed with the Patent Owner Response.
`Paper 18 (“Objections”). With authorization, Patent Owner filed its first
`motion to submit supplemental information on April 4, 2022. Paper 24. We
`granted Patent Owner’s motion, in part, and identified certain errors that
`“would lead to an unclear record and would not serve the interests of
`justice.” Paper 30, 7 (“Order”). Patent Owner offers Exhibits 2037
`and 2056 in response to, and to correct, errors identified in our Order.
`Motion 1.
`
`
`2 Patent Owner’s Motion to Submit Supplemental Information is
`representative of Patent Owner’s request and proffered supplemental
`information in each of the three proceedings. Our analysis herein focuses on
`IPR2021-00916 but applies equally to IPR2021-00918 and IPR2021-00919.
`
`2
`
`
`
`IPR2021-00916 (Patent 9,908,281 B1)
`IPR2021-00918 (Patent 10,189,624 B2)
`IPR2021-00919 (Patent 10,562,680 B2)
`
`III. ANALYSIS
`Patent Owner’s proposed Supplemental Information consists of a
`
`translation of Japanese Patent Application JP S56-150606, the Japanese
`version of JP S56-150606, and a declaration by Mr. Marc Adler certifying
`the accuracy of the translation (collectively, Ex. 2056) and a declaration by
`Mr. Adler certifying the translation of a separate reference, JP S58-205705
`(Ex. 2037). Motion 1.
`Because Petitioner does not oppose the admission of Exhibits 2037
`and 2056, and because these exhibits are offered to correct deficiencies in
`the record, we determine that Patent Owner has shown it is entitled to the
`requested relief. In particular, correction of these deficiencies may obviate
`the need for authenticating documents in the future which may serve the
`interests of justice and efficiency.
`III. CONCLUSION
`Patent Owner has persuaded us that submission of Exhibits 2037 and
`2056 serves the interest of justice. Accordingly, we grant Patent Owner’s
`Unopposed Motion to Submit Supplemental Information.
`IV. ORDER
`In consideration of the foregoing, it is:
`ORDERED that Patent Owner’s Unopposed Motion to Submit
`Supplemental Information is granted.
`
`
`3
`
`
`
`IPR2021-00916 (Patent 9,908,281 B1)
`IPR2021-00918 (Patent 10,189,624 B2)
`IPR2021-00919 (Patent 10,562,680 B2)
`
`FOR PETITIONER:
`Michael A. Fisher
`Kevin M. Flannery
`DECHERT LLP
`michael.fisher@dechert.com
`kevin.flannery@dechert.com
`
`
`
`FOR PATENT OWNER:
`Joseph A. Farco, Reg. No. 59,139
`Brian C. Anscomb, Reg. No. 48,641
`NORRIS MCLAUGHLIN, P.A.
`jfarco@norris-law.com
`bcanscomb@norris-law.com
`
`
`
`4
`
`
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