`571.272.7822
`
`
`Paper No. 12
`
` Entered: October 1, 2018
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LEVITATION ARTS, INC.,
`Petitioner,
`
`v.
`
`FLYTE LLC,
`Patent Owner.
`____________
`
`Case PGR2018-00073
`Patent D799,100
`____________
`
`Before JOHN C. KERINS, GRACE KARAFFA OBERMANN,
`and BART A. GERSTENBLITH, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion to Correct a Clerical Error
`37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`
`
`PGR2018-00073
`Patent D799,100
`
`
`
`
`On September 6, 2018, Petitioner filed a Motion to Correct a Clerical
`Error. Paper 6 (“Motion”). Also on September 6, 2018, with the Motion,
`Petitioner filed the curriculum vitae of Petitioner’s witness, Mr. Geraint
`Krumpe. Ex. 1021 (“Krumpe CV”). In a nutshell, Petitioner requests leave
`to file the Krumpe CV in support of the Petition, without changing the filing
`date accorded to the Petition. Paper 6, 3; see Paper 5 (Notice of Filing Date
`Accorded Petition, dated July 3, 2018). Our rules contemplate that a
`petitioner may seek permission to correct a clerical error without changing
`the filing date accorded a petition. 37 C.F.R. § 42.104(c).
`Patent Owner did not file an opposition to the Motion. See Ex. 3001
`(email communication, authorizing briefing and setting forth a briefing
`schedule). Accordingly, we consider the Motion unopposed by Patent
`Owner.
`The Motion is supported by a Declaration of Mr. Brian Lynch, Lead
`Counsel for Petitioner in this proceeding. Ex. 1023 (Lynch Declaration);
`Paper 1 (“Petition”), 2 (identifying Mr. Lynch as Lead Counsel). Mr. Lynch
`provides credible and persuasive information that the Krumpe CV was
`inadvertently omitted from filing with the Petition due to a clerical error that
`occurred during a planned merging and uploading of the document as a PDF
`file to support the Declaration of Mr. Krumpe (Ex. 1003). Ex. 1023 ¶¶ 3–8.
`Mr. Lynch further shows sufficiently that, once the omission was
`discovered, Petitioner undertook timely and adequate measures to correct the
`clerical error and minimize any prejudice to Patent Owner. Id. at ¶¶ 9–11.
`Accordingly, we grant the Motion without requiring any change to the
`filing date accorded to the Petition.
`
`2
`
`
`
`PGR2018-00073
`Patent D799,100
`
`
`
`
`
`ORDER
`
`It is
`ORDERED that Petitioner’s Unopposed Motion to Correct a Clerical
`Error (Paper 6) is granted;
`FURTHER ORDERED that Exhibit 1021, filed September 6, 2018,
`shall be considered in support of Mr. Krumpe’s Declaration (Ex. 1003); and
`FURTHER ORDERED that the correction of the clerical error
`pertaining to Exhibit 1021 shall not disturb the filing date accorded to the
`Petition.
`
`3
`
`
`
`
`
`PGR2018-00073
`Patent D799,100
`
`
`For PETITIONER:
`Brian P. Lynch
`Matthew G. McAndrews
`NIRO MCANDREWS, LLC
`blynch@niro-mcandrews.com
`mmcandrews@niro-mcandrews.com
`
`
`For PATENT OWNER:
`
`Nigamnarayan Acharya
`nigam.acharya@lewisbrisbois.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
