`571.272.7822
`
`
`
`
`
` Paper 13
`
` Entered: June 27, 2019
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SZ DJI TECHNOLOGY CO., LTD.,
`Petitioner,
`
`v.
`
`AUTEL ROBOTICS USA LLC,
`Patent Owner.
`____________
`
`Case PGR2019-00016
`Patent 10,044,013 B2
`____________
`
`
`Before ERICA A. FRANKLIN, JENNIFER MEYER CHAGNON, and
`AVELYN M. ROSS, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Petitioner’s Motion to Expunge
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`PGR2019-00016
`Patent 10,044,013 B2
`
`
`With our authorization, Petitioner, SZ DJI Technology Co. LTD.,
`filed a motion to expunge what it refers to as “duplicate Exhibit 1018.”
`Paper 10, 1. Petitioner confirms that Patent Owner, Autel Robotics USA
`LLC, does not oppose the motion. Id.
`Petitioner explains that it filed two versions of Exhibit 1018 on the
`same date that the Petition was filed. Id. According to Petitioner, the two
`filed versions of Exhibit 1018 are nearly identical. Id. Both versions
`contain three pages excerpted from Webster’s Encyclopedic Unabridged
`Dictionary. Id. However, only one version includes an additional page
`containing copyright information for that dictionary. Id. Petitioner seeks to
`expunge the version of Exhibit 1018 that does not include the copyright
`page, i.e., the three-page version. Id. Petitioner asserts that this version of
`the exhibit was simply filed in error. Id. According to Petitioner, good
`cause exists for the Board to grant the motion to expunge because the
`existence of two versions of Exhibit 1018 in the record may create
`confusion. Id. at 2. Additionally, Petitioner asserts that expunging the
`erroneously-filed three-page version of Exhibit 1018 would not cause any
`prejudice to Patent Owner. Id.
`Based upon our consideration of the facts and arguments presented in
`Petitioner’s unopposed motion, Petitioner’s request to expunge the three-
`page version of Exhibit 1018 is granted.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Motion to Expunge is granted; and
`FURTHER ORDERED that the three-page version of Exhibit 1018
`shall be expunged from the record.
`
`2
`
`
`
`PGR2019-00016
`Patent 10,044,013 B2
`PETITIONER:
`
`Lori A. Gordon
`Steve W. Peters
`Matthew Edward Carey
`KING & SPALDING LLP
`lgordon@kslaw.com
`speters@kslaw.com
`mcarey@kslaw.com
`
`
`
`PATENT OWNER:
`
`Timothy C. Bickham
`Matthew Bathon
`STEPTOE & JOHNSON LLP
`tbickham@steptoe.com
`mbathon@steptoe.com
`
`
`
`
`
`
`3
`
`
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