`571.272.7822
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` Paper 14
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` Entered: June 27, 2019
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`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 Submit Supplemental Information
`37 C.F.R. § 42.123(a)
`
`
`
`
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`
`
`PGR2019-00016
`Patent 10,044,013 B2
`
`INTRODUCTION
`I.
`With our authorization, Petitioner, SZ DJI Technology Co., LTD.,
`filed a motion to submit supplemental information in the form of a
`certificate of translation for Exhibit 1010, an English translation of Exhibit
`1009 (“Ichiba”). Paper 11, 2. Petitioner confirms that Patent Owner, Autel
`Robotics USA LLC, does not oppose the motion. Id. at 1.
`II. ANALYSIS
`As the moving party, Petitioner bears the burden of proving that it is
`entitled to the requested relief in its motion. 37 C.F.R. § 42.20(c). Under 37
`C.F.R. § 42.123(a), a party may file a motion to submit supplemental
`information if: (1) the request for authorization to file the motion is made
`within one month of the date the trial was instituted; and (2) the
`supplemental information is relevant to a claim for which trial has been
`instituted.
`Based upon our review, we find that Petitioner’s request for
`authorization to file the motion was timely, as it was submitted on June 17,
`2019, within one month of the institution decision, dated May 17, 2019.
`Paper 7. Additionally, we find that the supplemental information which
`Petitioner seeks to submit is relevant to a claim for which trial has been
`instituted because the supplemental information is a certificate of translation
`for the English translation of Ichiba. Paper 11, 2. Ichiba serves as a prior art
`reference for two of the unpatentability grounds challenging claims
`instituted in this inter partes review. Paper 7. According to Petitioner, the
`supplemental information helps to confirm the reliability of the Ichiba
`translation submitted as Exhibit 1010 because the certificate of translation
`provides the credentials of the translator, includes his affirmation that he
`translated the document from Japanese to English, and is sworn to be true
`
`2
`
`
`
`PGR2019-00016
`Patent 10,044,013 B2
`under the penalties for perjury under Section 1001 of Title 19 of the United
`States Code. Paper 11, 2. We agree.
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s unopposed motion to submit a certificate
`of translation for Exhibit 1010 as supplemental information under 37 C.F.R.
`§ 42.123(a) is granted.
`
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`3
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`
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`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
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`4
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