Takeaway: In making a motion to correct a clerical mistake, the movant must provide sufficient evidence that it is entitled to the relief requested and that the opposing party will not be prejudiced.

In its Decision, the Board granted Petitioner’s Second Motion to Correct a Clerical Mistake in the Petition. Petitioner previously filed a motion to correct a clerical mistake in the petition that was denied without prejudice for failure to set forth a full statement of the reasons for relief requested as required by 37 C.F.R. § 42.22(a)(2).  In the Second Motion, Petitioner provided further information.  Petitioner sought to file a corrected version of Exhibit 1007 to its Petition because an inadvertent error in labeling computer files led to an incorrect version of Exhibit 1007 being filed.  Petitioner also asserted that filing a corrected version of Exhibit 1007 would have no substantive effect on the proceeding because Patent Owner was able to adequately respond to the Petition, Patent Owner indicated it would not oppose the correction, and the Petition as filed already refers to the corrected version of Exhibit 1007.  Because of the lack of prejudice to Patent Owner, the Board was persuaded that the relief requested was warranted.

FedEx Corporation v. IpVenture, Inc., IPR2014-00833
Paper 12: Decision on Second Motion to Correct a Clerical Mistake in the Petition
Dated: November 3, 2014
Patent: 8,725,165 B2
Before: Kristen L. Droesch, Michael R. Zecher, and J. John Lee
Written by: Lee