`
`
`Filed on behalf of Petitioners Apple, Inc., et al.
`By: Richard S. Zembek
`Gilbert A. Greene
`FULBRIGHT & JAWORSKI L.L.P.
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC. ET AL.
`Petitioners
`
`V.
`
`AMERANTH, INC.
`Patent Owner
`____________
`
`Case CBM2014-00013
`Patent 6,982,733
`____________
`
`
`PETITIONERS’ NOTICE IN RESPONSE TO
`IDENTIFICATION OF DEFECT
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`Further to the Board’s Notice of Filing Date Accorded to Petition and Time
`
`for Filing Patent Owner Preliminary Response (Paper No. 5), which identified a
`
`defect in the petition filed on October 15, 2013 (Paper No. 2), Petitioners hereby
`
`submit this Notice in response, which is intended to correct the identified defect.
`
`The Board’s Notice stated that the petition failed to provide a statement
`
`under 37 C.F.R. § 42.104(b)(3) identifying how the challenged claims are to be
`
`construed. It is assumed that the Board intended to reference 37 C.F.R.
`
`§ 42.304(b)(3), which relates to petitions for Covered Business Method Review,
`
`rather than 37 C.F.R. § 42.104(b)(3), which relates to petitions for Inter Partes
`
`Review.
`
`In response, Petitioners note that pages 28-30 of the petition contain a
`
`section entitled “Claim Construction (37 C.F.R. § 42.304(b)(3)),” which was
`
`intended to provide the statement required by 37 C.F.R. § 42.304(b)(3). In that
`
`section, as allowed by the Office Patent Trial Practice Guide, petitioners provided
`
`a “simple statement” that the claim terms of U.S. Patent No. 6,982,733 (“’733
`
`Patent”) should be given their broadest reasonable interpretation (BRI) for the
`
`
`
`
`
`
`
`-1-
`
`
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`purposes of this proceeding (but for the purposes of this proceeding only1). See
`
`Exhibit 1030, p. 48764. Petitioners further stated that for each claim term in the
`
`’733 Patent, the BRI is the ordinary and customary meaning of the term.
`
`To the extent the Board would like additional clarification regarding the
`
`ordinary and customary meaning of certain key terms in the challenged claims,
`
`Petitioners provide that information in the below table for insertion into section
`
`“Claim Construction (37 C.F.R. § 42.304(b)(3))” of the original petition, at page
`
`30, line 6:
`
`
`
`
`
`1 As noted in the petition, Petitioners advocate the broadest reasonable
`
`interpretation (BRI) for the claim terms of the ’733 Patent for the purposes of this
`
`CBM review only. Claim construction is analyzed under a different legal standard
`
`for the purposes of litigation. See, e.g., In re Trans Texas Holdings Corp., 498
`
`F.3d 1290, 1298-99 (Fed. Cir. 2007). As such, Petitioners reserve the right to
`
`advance different claim constructions in connection with litigation in federal court,
`
`including in connection with the currently pending litigation identified in the
`
`petition.
`
`
`
`
`
`
`
`-2-
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`
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`Relevant
`Claims
`Claim 1
`
`Ordinary and Customary
`Meaning
`a document on the World
`Wide Web
`
`Claims 4 &
`5
`
`This is a method step having
`its plain
`and ordinary
`meaning under the BRI.
`
`Source
`
`Microsoft
`Computer
`Dictionary at
`479 (4th ed.
`1999);
`Exhibit 1042
`at ¶ 13.
`
`
`Claims 1, 4,
`5, 12
`
`This is a method step having
`its plain
`and ordinary
`meaning under the BRI.
`
`
`
`
`
`Claim Term
`
`Web page
`
`data
`wherein
`the
`comprising
`[second / modified]
`menu
`is
`synchronized
`between
`the data
`storage
`device
`[ . . . ] and at least
`one
`other
`computing device
`wherein
`said
`[second / modified]
`menu
`is manually
`modified
`[ . . . ]
`after generation
`central processing
`unit (CPU)
`
`Microsoft
`Computer
`Dictionary at
`115 (4th ed.
`1999)
`Microsoft
`Computer
`Dictionary at
`321 (4th ed.
`1999)
`
`Claims 1 &
`4
`
`and
`computational
`The
`control unit of a computer.
`
`operating system
`
`Claims 1, 4,
`5, 12
`
`
`
`
`
`
`
`
`
`
`
`The software that controls
`the allocation and usage of
`hardware resources such as
`memory, CPU time, disk
`space,
`and
`peripheral
`devices.
`
`-3-
`
`
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`Dated: October 30, 2013
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Richard S. Zembek
`Richard S. Zembek
`Reg. No. 43,306
`Fulbright & Jaworski L.L.P.
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`Gilbert A. Greene
`Reg. No. 48,366
`FULBRIGHT & JAWORSKI LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, TX 78701
`Tel: 512.474.5201
`Fax: 512.536.4598
`bert.greene@nortonrosefulbright.com
`
`Attorneys for Petitioners Fandango, LLC and
`OpenTable, Inc.
`
`/s/ James M. Heintz
`James M. Heintz (Reg. No. 41,828)
`Ryan W. Cobb (Reg. No. 64,598)
`DLA Piper LLP (US)
`One Fountain Square
`11911 Freedom Drive
`Suite 300
`Reston, VA 20190-5602
`Tel: 703-773-4148
`Fax: 703-773-5008
`
`Attorneys for Petitioner Apple Inc.
`
`-4-
`
`
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`
`
`
`
`
`
`
`/s/ Frank A. Angileri
`Frank A. Angileri (Reg. No. 36,733)
`Thomas W. Cunningham (Reg. No. 48,722)
`1000 Town Center, Twenty-Second Floor
`Southfield, MI 48075-1238
`Telephone: (248) 358-4400
`Facsimile: (248) 358-3351
`fangileri@brookskushman.com
`tcunningham@brookskushman.com
`
`Attorneys for Petitioners Domino’s Pizza, Inc.
`and Domino’s Pizza, LLC
`
`
`
`
`
`
`
`
`
`-5-
`
`
`
`
`
`Case CBM2014-00013
`Patent 6,982,733
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)
`
`I hereby certify that on October 30, 2013, I served the foregoing Petitioners’
`
`Notice in Response to Identification of Defect via FEDERAL EXPRESS on the
`
`patent owner at the following correspondence address record for the current subject
`
`patent (U.S. Patent No. 6,982,733):
`
`Locke Lorde, LLP
`Attn: IP Docketing
`Three World Financial Center
`New York NY 10281-2101
`
` I
`
` also served the foregoing via FEDERAL EXPRESS on the patent owner at
`
`the following other addresses known to the petitioners as likely to effect service:
`
`William J Caldarelli
`Mazzarella Caldarelli LLP
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`
`Michael D. Fabiano
`Fabiano Law Firm, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego CA 92130
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Richard S. Zembek
`Richard S. Zembek
`Reg. No. 43,306
`
`-6-
`
`
`
`
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