`
`Filed on behalf of Petitioner
`By: Richard S. Zembek
`
`Gilbert A. Greene
`
`NORTON ROSE FULBRIGHT US LLP
`
`1301 McKinney, Suite 5100
`
`Houston, Texas 77010
`
`Tel: 713-651-5151
`
`Fax: 713-651-5246
`
`richard.zembek@nortonrosefulbright.com
`
`bert.greene@nortonrosefulbright.com
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`AGILYSYS, INC., ET AL.
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`
`_________________
`
`Case CBM2014-00015
`Patent 6,384,850
`_________________
`
`PETITIONER’S
`SUPPLEMENTAL MANDATORY NOTICE
`UNDER 37 C.F.R. § 42.8(b)(1) & (b)(3)
`AS REQUIRED UNDER 37 C.F.R. § 42.8(a)(3)
`
`
`
`
`
`Case CBM2014-00015
`Patent 6,384,850
`
`
`
`This supplemental mandatory notice is filed pursuant to 37 C.F.R.
`
`§ 42.8(b)(1) requiring the identification of the real party-in-interest, 37 C.F.R.
`
`§ 42.8(b)(3) requiring the identification of lead and back-up counsel, and 37 C.F.R.
`
`§ 42.8(a)(3) requiring that any change of the information listed in 37 C.F.R.
`
`§ 42.8(b) be filed with the Patent Trial and Appeal Board (“Board”).
`
`
`
`GrubHub, Inc. and Seamless North America, LLC were both a Petitioner
`
`and real party-in-interest identified at the time of filing the Amended Petition
`
`(Paper 9 at 10-11) on November 8, 2013. GrubHub, Inc. was recently renamed
`
`GrubHub Holdings Inc., and Seamless North America, LLC was recently merged
`
`into GrubHub Holdings Inc. As a result of the merger, Seamless North America,
`
`LLC no longer exists as a separate legal entity, and its assets are now controlled by
`
`GrubHub Holdings Inc.
`
`
`
`Pursuant to 37 C.F.R. §§ 42.8(a)(3) and 42.8(b)(1), Petitioner and real
`
`parties-in-interest GrubHub, Inc. and Seamless North America, LLC hereby notify
`
`the Board that the real party-in-interest for both entities has changed to GrubHub
`
`Holdings Inc. and that GrubHub Holdings Inc. will be identified as Petitioner in
`
`lieu of GrubHub, Inc. and Seamless North America, LLC in subsequently filed
`
`papers in this proceeding.
`
`Pursuant to 37 C.F.R. § 42.304(a), GrubHub Holdings Inc., as with
`
`GrubHub, Inc. and Seamless North America, LLC to whom it is the successor in
`
`
`
`1
`
`
`
`Case CBM2014-00015
`Patent 6,384,850
`
`interest, hereby asserts that it meets the eligibility requirements of 37 C.F.R. §
`
`42.302 and is not barred or estopped from challenging the claims on the grounds
`
`identified in the Amended Petition.
`
`In addition, pursuant to 37 C.F.R. §§ 42.8(a)(3) and 42.8(b)(3), the
`
`undersigned lead counsel and back-up counsel for Petitioner hereby notify the
`
`Board that law firm of Fulbright & Jaworski LLP has changed its name to Norton
`
`Rose Fulbright US LLP.
`
`January 29, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Richard S. Zembek
`
`
`Richard S. Zembek (Lead Counsel)
`Reg. No. 43,306
`NORTON ROSE FULBRIGHT US LLP
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`Tel: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`Gilbert A. Greene (Back-up Counsel)
`Reg. No. 48,366
`NORTON ROSE FULBRIGHT US LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, Texas 78701
`Tel: 512-474-5201
`Fax: 512-536-4598
`bert.greene@nortonrosefulbright.com
`
`Attorneys for Petitioner
`
`
`2
`
`
`
`Case CBM2014-00015
`Patent 6,384,850
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §42.6(e), this is to certify that on this 29th day of
`
`
`
`January, 2015, I caused to be served a true and correct copy of the foregoing
`
`PETITIONER’S SUPPLEMENTAL MANDATORY NOTICE UNDER
`
`37 C.F.R. § 42.8(b)(1) & (b)(3) AS REQUIRED UNDER 37 C.F.R. § 42.8(a)(3)
`
`by electronic mail on the following:
`
`John W. Osborne
`OSBORNE LAW LLC
`Email: josborne@osborneipl.com
`
`Counsel for Patent Owner,
`Ameranth, Inc.
`
`
`
`Michael D. Fabiano
`FABIANO LAW FIRM, P.C.
`Email: mdfabiano@fabianolawfirm.com
`
`Counsel for Patent Owner,
`Ameranth, Inc.
`
`
`/s/ Richard S. Zembek
`Richard S. Zembek
`Reg. No. 43,306
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