IPR2016-01494 (USP 8,274,991)
IPR2016-01704 (USP 8,565,256)
IPR2016-01861 and -01865 (USP 9,125,051)
Patent Owner contends that the error in claim 4 as
originally issued stems from a mistake by the Office.
Petitioner opposes Patent
Owner’s request arguing that permitting such a correction to claim 4 would
be unduly prejudicial to Petitioner at this stage of the proceeding because the
Petition addresses claim 4 in its original form and the proposed correction
substantively alters claim 4, which renders the Petition potentially
inadequate as it relates to an altered version of claim 4.
H-W Technology, L.C. v. Overstock.com, Inc., 758 F.3d 1329 (Fed. Cir. 2014)
Southwest Software, Inc. v. Harlequin Inc., 226 F.3d 1280 (Fed. Cir. 2000)
"Patent Owner correctly states that the Federal Circuit in Southwest
Software and subsequently in H-W Technology held that a certificate of correction
is only effective for causes of action arising after it was issued."
