`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`' TRULIA, INC.
`
`Petitioner
`
`V.
`
`ZILLOW, INC.
`Patent Owner
`
`Case CBM2014-001 15
`
`Patent 7,970,674
`
`PATENT OWNER ZILLOW, INC.’S
`
`WAIVER OF PRELIMINARY RESPONSE AND
`
`NON-OPPOSITION TO JOINDER
`
`56920-8903.0000/LEGAL120584993.l
`
`
`
`Case CBM2014-001 15
`
`Patent 7,970,674
`Attorney Docket No: 56920-8903.0000
`
`Background
`
`On April 10, 2014 Trulia, Inc. ("Petitioner") filed a Petition for Covered
`
`Business Method Patent Review of US. Patent No. 7,970,674 (the "'674 Patent")
`
`and a Motion for Joinder requesting joinder of this proceeding With Patent Trial and
`
`Appeal Board Case No. CBM2013-00056 ("CBM2013-00056"). The Patent Trial
`
`and Appeal Board (the "Board") mailed a Notice of Filing Date Accorded to Petition
`
`on April 14, 2014.
`
`As noted in Petitioner's Motion for Joinder, the Board has indicated that "if
`
`the parties both desire to replace the grounds based on Foster, Keyes, and Lamont
`
`with grounds based on the published applications, and have the new grounds
`
`included in the CBM2013-00056 trial,
`
`the Petitioner can file another petition,
`
`including only prior art grounds based in Whole or in part on the publications
`
`corresponding to Foster, Keyes, and Lamont that are identical in wording, but for
`
`the identification of references, to those grounds instituted for trial in the CBM2013-
`
`00056 proceeding that are based in Whole or in part on Foster, Keyes, and Lamont."
`
`Motion for Joinder, April 10, 2014, Paper No. 4, Page 4 (citing CBM2013-00056,
`
`Paper No. 19).
`
`_ According to the Petitioner, the Petition filed on April 10, 2014
`
`"includ[es] the prior art grounds based in whole or in part on the' publications
`
`56920~8903.0000/LEGAL120584993. l
`
`2
`
`
`
`Case CBM2014-00115
`
`Patent 7,970,674
`Attorney Docket No: 56920-8903.0000
`
`corresponding to Foster, Keyes, and Lamont that are identical in wording, but for
`
`the identification of references, to those grounds instituted for trial in the CBM2013-
`
`00056 proceeding that are based in whole or in part on Foster, Keyes, and Lamont."
`
`Motion for Joinder, April 10, 2014, Paper No. 4, Page 6.
`
`Joinder
`
`Zillow, Inc. ("Patent Owner") does not oppose Petitioner's Motion for Joinder
`
`to join this proceeding with CBM2013—0005 6 to replace the grounds for which
`
`review was granted in CBM2013-00056 on Foster, Keyes, and Lamont with grounds
`
`based on corresponding publications of Foster, Keyes, and Lamont.
`
`56920-8903 .0000/LEGAL120584993.1
`
`3
`
`
`
`Case CBM2014-001 15
`
`Patent 7,970,674
`Attorney Docket No: 56920-8903.0000
`
`Patent Owner's Preliminary Response
`
`Pursuant to 37 CPR. §§ 42.300(a) and 42.207(b), and to expedite this
`
`proceeding, Patent Owner hereby waives its opportunity to file a preliminary
`
`response.
`
`
`
`Respectfully submitted,
`
`p
`By:
`Date: April 24, 2014
`Steven D. Lawrenz, Reg. No. 37,3 76
`Perkins Coie LLP
`
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98 101
`Phone: 206-359-8000
`
`Facsimile: 206-359-9000
`
`56920-8903.0000/LEGAL120584993.l
`
`4
`
`
`
`Case CBM2014-001 15
`
`Patent 7,970,674
`Attorney Docket No: 56920—8903.0000
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 24th day of April, 2014, a true and correct copy of
`
`the
`
`foregoing WAIVER OF PRELIMINARY RESPONSE AND NON-
`
`OPPOSITION TO JOINDER were served via overnight courier upon the following
`
`counsel of record for Petitioner TRULIA, INC:
`
`Michael T. Rosato, Lead Counsel
`Wilson Sonsini Goodrich & Rosati
`
`701 Fifth Avenue
`
`Suite 5 100
`
`Seattle, WA 98104-7036
`
`Jennifer J. Schmidt, Back—Up Counsel
`Wilson Sonsini Goodrich & Rosati
`
`One Market Plaza
`
`Spear Tower, Suite 3300
`San Francisco, CA 94105-1126
`
`ism-
`Kathleen Retan
`Paralegal
`Perkins Coie LLP
`
`56920-8903 .0000/LEGAL 120584993. 1
`
`'5-
`
`
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