`
`Counsel: Petitioner’s unopposed request to file a motion to correct a clerical
`error is granted. The motion shall be limited to five (5) pages and must be filed
`within five (5) business days of this email. Patent Owner may file a response to
`the motion limited to five (5) pages within five (5) business days of the filing date
`of the motion.
`
`Carrie M. Johnson
`Detailee Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`Phone: (571) 272-5169
`Email: carrie.johnson@uspto.gov
`
`
`
`From: Brian P. Lynch <blynch@niro‐mcandrews.com>
`Sent: Friday, August 10, 2018 11:16 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Acharya, Nigam <Nigam.Acharya@lewisbrisbois.com>
`Subject: PGR2018‐00073: Levitation Arts, Inc. v. FLYTE LLC – Requesting Authorization to File 37 CFR
`42.104(c) Motion
`
`PGR2018-00073
`Patent D799,100
`
`Petitioner respectfully requests permission to file a 37 CFR 42.104(c) motion to correct a clerical
`error. Petitioner’s Exhibit 1003 is a declaration that includes the statement “[m]y curriculum
`vitae, which includes my qualifications, is attached as Appendix A,” however the curriculum
`vitae was inadvertently omitted from the exhibit. In similar cases, such as IPR2014-00685, the
`PTAB recognized omission of a CV from an exhibit as a clerical error.
`
`The parties have conferred on this issue, and the Patent Owner does not oppose Petitioner’s
`request for permission to file a 37 CFR 42.104(c) motion to include the attached CV into Exhibit
`1003.
`
`If required, both parties are available for a conference call on the following dates and times:
`• Tuesday, August 14, between 11 AM and noon Eastern Time.
`• Wednesday, August 15, between 11 AM and noon Eastern Time.
`
`
`Best regards,
`
`--Brian Lynch
`
`
`
`1
`
`
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