`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`CIVIL ACTION NO. 1:14-cv-12745-MLW
`
`APLIX IP HOLDINGS CORPORATION,
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`SONY COMPUTER ENTERTAINMENT
`INC. and SONY COMPUTER
`ENTERTAINMENT AMERICA LLC,
`
`
`
`Defendants.
`
`
`
`
`
`
`JOINT STATUS REPORT NOTIFYING THE COURT THAT
`THE PATENT OFFICE HAS FOUND ALL CHALLENGED CLAIMS
`IN ALL ASSERTED PATENTS TO BE UNPATENTABLE
`
`
`
`
`
`
`
`Case 1:14-cv-12745-MLW Document 44 Filed 08/19/16 Page 2 of 4
`
`
`
`Pursuant to the Court’s order staying the case (D.I. 42), Plaintiff Aplix IP Holdings
`
`Corporation (“Aplix”) and Defendants Sony Computer Entertainment Inc. (“SCEI”) and Sony
`
`Computer Entertainment America LLC (“SCEA”) notify the Court that the U.S. Patent and
`
`Trademark Office’s Patent Trial and Appeal Board (“Patent Office”) has issued its final written
`
`decisions in all the Inter Partes Reviews (“IPR”) filed by SCEA and opposed by Aplix regarding
`
`the five patents asserted by Aplix in this case. The Patent Office held that all challenged claims
`
`of Aplix’s asserted patents are unpatentable. The table below summarizes the Patent Office’s
`
`decisions, which are attached as Appendices A through G to this joint notice.
`
`Proceeding
`
`Challenged
`Patent
`
`Challenged
`Claims
`
`Result
`
`Decision
`Date
`
`IPR2015-00230
`
`7,463,245
`
`1–20 (all claims) All challenged claims
`unpatentable
`
`May 10, 2016
`
`IPR2015-00229
`
`7,667,692
`
`1–3, 5–13, and 15–
`20
`
`All challenged claims
`unpatentable
`
`May 23, 2016
`
`IPR2015-00396
`
`7,218,313
`
`1 and 3–14
`
`All challenged claims
`unpatentable
`
`June 3, 2016
`
`IPR2015-00476
`
`7,218,313
`
`21–24, 26–29, 52–
`56, and 58–60
`
`All challenged claims
`unpatentable
`
`June 20, 2016
`
`IPR2015-00533
`
`7,218,313
`
`15, 16, 20, 37–42,
`and 44–51
`
`All challenged claims
`unpatentable
`
`June 20, 2016
`
`IPR2015-00730
`
`7,932,892
`
`1–11 (all claims) All challenged claims
`unpatentable
`
`June 29, 2016
`
`IPR2015-00729
`
`7,280,097
`
`1–14, 16–19, 21–
`32, and 34–38
`
`All challenged claims
`unpatentable
`
`July 20, 2016
`
`The parties have conferred regarding the outcomes of these IPR proceedings. As the
`
`prevailing party in all the IPRs, SCEA will not appeal the aforementioned final decisions. Aplix
`
`is considering its appeal options.
`
`
`
`
`
`- 2 -
`
`
`
`Case 1:14-cv-12745-MLW Document 44 Filed 08/19/16 Page 3 of 4
`
`
`
`August 19, 2016
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`/s/ Michael N. Rader
`Michael N. Rader (BBO #646990)
`mrader@wolfgreenfield.com
`Stuart V. C. Duncan Smith (BBO #687976)
`sduncansmith@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, Massachusetts 02210
`617-646-8000 telephone
`617-646-8646 facsimile
`
`Attorneys for Sony Computer
`Entertainment Inc. and Sony Computer
`Entertainment America LLC
`
`
`
`
`
`/s/ Robert J. Gilbertson
`Brandon T. Scruggs (BBO # 672541)
`bscruggs@sunsteinlaw.com
`Lisa M. Tittemore (BBO # 567941)
`ltittemore@sunsteinlaw.com
`SUNSTEIN KANN MURPHY &
`TIMBERS LLP
`125 Summer Street
`Boston, MA 02110
`617-443-9292 telephone
`617-443-0004 facsimile
`
`Robert J. Gilbertson (pro hac vice)
`BGilbertson@GreeneEspel.com
`Sybil L. Dunlop (pro hac vice)
`SDunlop@GreeneEspel.com
`X. Kevin Zhao (pro hac vice)
`KZhao@GreeneEspel.com
`GREENE ESPEL PLLP
`222 South Ninth Street, Suite 2200
`Minneapolis, MN 55402
`612-373-0830 telephone
`612-373-0929 facsimile
`
`Sherman W. Kahn (pro hac vice)
`skahn@mkwllp.com
`MAURIEL KAPOUYTIAN WOODS LLP
`27 W. 24th Street, Third Floor
`New York, NY 10010
`212-524-9309 telephone
`212-529-5132 facsimile
`
`Attorneys for Aplix IP Holdings
`Corporation
`
`
`
`
`
`- 3 -
`
`
`
`Case 1:14-cv-12745-MLW Document 44 Filed 08/19/16 Page 4 of 4
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that this document is being filed through the Court’s electronic filing system,
`
`which serves counsel for other parties who are registered participants as identified on the Notice
`of Electronic Filing (NEF). Any counsel for other parties who are not registered participants are
`being served by first class mail on the date of electronic filing.
`
`/s/ Michael N. Rader
`Michael N. Rader
`
`
`
`
`
`- 4 -
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