`571-272-7822
`
`
`
`
`
`
`
`Paper 6
`Entered: September 2, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SWEEGEN, INC.,
`Petitioner,
`
`v.
`
`PURECIRCLE SDN BHD AND PURECIRCLE USA INC.,
`Patent Owners.
`____________
`
`PGR2020-00070
`Patent 10,485,257 B2
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, JENNIFER MEYER CHAGNON, and
`JAMIE T. WISZ, Administrative Patent Judges.
`
`WISZ, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`PGR2020-00070
`Patent 10,485,257 B2
`
`
`On September 1, 2020, a conference call was held among counsel for
`the parties and Judges Wisz and Mitchell. The call was requested by
`Petitioner to seek authorization to file a motion pursuant to 37 C.F.R.
`§ 42.104(c) to correct clerical mistakes as described below.
`Petitioner requests authorization to file a motion under 37 C.F.R.
`§ 42.104(c) to file Supplemental Declarations of Enrique Arevalo and Kim
`Friis Olsson to correct data errors in certain tables within the lab report
`submitted as part of the original Declaration of Enrique Arevalo (Exhibit
`1010). These errors allegedly occurred due to a clerical mistake as the result
`of tables being linked to the incorrect cell ranges within the source
`spreadsheet. Patent Owner responds that the errors in the declarations are
`not clerical mistakes that may be corrected under § 42.104(c) and further
`argues that Patent Owner would be prejudiced by such corrections.
`We authorize Petitioner to file a motion to correct clerical mistakes
`under 37 C.F.R. § 42.104(c). Whether the errors are the type that may be
`corrected under § 42.104(c) will be determined following receipt of
`Petitioner’s motion and Patent Owner’s opposition to the motion.
`Petitioner’s motion is due by September 8, 2020 and is limited to five pages.
`Patent Owner’s opposition to Petitioner’s motion is due by September 15,
`2020 and is also limited to five pages. No reply brief in support of the
`motion is authorized.
`
`
`
`
`2
`
`
`
`PGR2020-00070
`Patent 10,485,257 B2
`
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Petitioner’s request to file a motion pursuant to
`37 C.F.R. § 42.104(c) to correct clerical mistakes is granted;
`FURTHER ORDERED that Petitioner’s motion shall be filed by
`September 8, 2020 and shall not exceed five (5) pages; and
`FURTHER ORDERED that Patent Owner’s opposition to Petitioner’s
`motion shall be filed by September 15, 2020 and shall not exceed five (5)
`pages.
`
`
`
`
`
`
`3
`
`
`
`PGR2020-00070
`Patent 10,485,257 B2
`
`
`
`FOR PETITIONER:
`
`Jason H. Conway
`Elizabeth E. Millard
`John R. Schroeder
`STINSON LLP
`jason.conway@stinson.com
`elizabeth.millard@stinson.com
`john.schroeder@stinson.com
`
`
`FOR PATENT OWNERS:
`
`Stuart E. Pollack
`Jeffrey R. Cole DLA
`PIPER LLP (US)
`stuart.pollack@us.dlapiper.com
`jeff.cole@us.dlapiper.com
`
`
`
`
`4
`
`
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