`Patent 8,061,598 B2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`APPLE INC.,
`Petitioner
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`v.
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`SMARTFLASH LLC,
`Patent Owner
`______________________
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`Case CBM2015-00017
`Patent 8,061,598 B2
`______________________
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`Before the Honorable JENNIFER S. BISK, RAMA G. ELLURU, JEREMY M.
`PLENZLER, and MATTHEW R. CLEMENTS, Administrative Patent Judges.
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`UPDATED MANDATORY NOTICE UNDER 27 C.F.R. § 42.8
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`CBM2015-00017
`Patent 8,061,598 B2
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`Pursuant to 27 C.F.R. § 42.8, Petitioner, Apple Inc. hereby provides notice of
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`the filing of a new litigation on February 25, 2015 involving the patent-at-issue in the
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`present petition: Smartflash LLC, et. al. v. Apple Inc., No. 6:15-cv-145 (E.D. Tex.). In
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`addition, Apple Inc. notes that a jury trial in Smartflash LLC, et al. v. Apple Inc., et al.,
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`No. 6:13-cv-447, involving the ’720, ’221, and ’772 patents concluded on February 24,
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`2015, with the jury rendering a verdict that day (see Attachment A).
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`Respectfully submitted,
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`March 16, 2015
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`By:/J. Steven Baughman/
`Counsel for Petitioner Apple Inc.
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`Attachment A
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`Attachment A
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`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 1 of 5 PageID #: 28001
`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 1 of 5 PageID #: 28001
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`IN THE UNITEDSTATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF TEXAS
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`TYLER DIVISION
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`Civil Action No. 6:I3-cv-447-JRG
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`))
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`;
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`; ) )
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`SMAR I FLASH LLC and
`SMARTFLASH TECHNOLOGIES LIMITED,
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`v
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`'
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`APPLE INC.
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`Plaintiffs,
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`Defendant.
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`VERDICT FORM
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`In answering these questions, you are to follow all of the instructions I have given you in
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`the Court’s Final Instructions to the Jury. Your answers to each question must be unanimous.
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`As used herein, “Smartflash” means Smartflash LLC and Smartfiash Technologies
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`Limited, and “Apple” means “Apple Inc.” As used herein, “”720 Patent” means U.S. Patent No.
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`7,334,720, “’221 Patent” means U.S. Patent No. 8,1 18,221, and “’772 Patent” means U.S. Patent
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`No. 8,336,772.
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`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 2 of 5 PageID #: 28002
`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 2 of 5 PagelD #: 28002
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`QUESTION 1:
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`Did Smariflash prove by a preponderance ofthe evidence that Apple infringes the following
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`claims ofthe following patents?
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`Answer “Yes” or “No” for each Claim.
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`’72!) Patent
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`Claim 13 25 5
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`’221 Patent
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`Claim 32 ‘25:;
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`’772 Patent
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`Claim 26 Z é‘S
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`Claim 32 5165
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`For each claim you have found to be infringed, if any, answer Question 2:
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`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 3 of 5 PageID #: 28003
`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 3 of 5 PageID #: 28003
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`ANSWER QUESTION 2 ONLY FOR THOSE CLAIMS YOU ANSWERED “YES” FOR IN
`QUESTION I ABOVE A OTHERWISE DO NOT ANSWER THIS QUESTION AND
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`PROCEED TO QUESTION 3.
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`QUESTION 2:
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`Did Smart [Iash prove by clear and convincing evidence that Apple’s infringement was willful?
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`Answer “Yes” or “No” for each patent below.
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`’720 Patent
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`516$
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`‘221 Patent V66
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`5772 Patent
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`jig—
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`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 4 of 5 PageID #: 28004
`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 4 of 5 PageID #: 28004
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`QUESTION 3:
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`Did Apple prove by clear and convincing evidence that any ol‘Ihc asserted claims oftlie
`following patents are invalid?
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`Ifynu find the claim invalid, answer “Yes;” otherwise, answer “No.”
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`’720 Patent
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`Claim 13 d 0
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`’22[ Patent
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`Claim 32 N0
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`’772 Patent
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`Claim 26 [90
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`Claim 32 NO
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`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 5 of 5 PageID #: 28005
`Case 6:13-cv-00447-JRG Document 503 Filed 02/24/15 Page 5 of 5 PageID #: 28005
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`ANSWER QUESTION FOUR ONLY IF YOU HAVE FOUND ONE OR MORE OF
`THE ASSERTED CLAIMS TO BE INFRINGED AND NOT INVALID.
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`QUESTION 4
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`What sum of money, if paid now in cash, do you find from a preponderance of the evidence
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`would fairly and reasonably compensate Smartflash for Apple’s infringement of Smartflash’s
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`patents?
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`Signed this Zé/fl‘day of February, 2015
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`WRY FOREPERSON
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`CBM2015-00017
`Patent 8,061,598 B2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of UPDATED MANDATORY
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`NOTICE PURSUANT TO 37 C.F.R. § 42.8 AND ASSOCIATED ATTACHMENT
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`A was served on March 16, 2015, to the following Counsel for Patent Owner via e-
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`mail, pursuant to the parties’ agreement concerning service:
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`Michael R. Casey
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`4300 Wilson Blvd, Suite 700
`Arlington, VA 22203
`Telephone: (703) 894-6406
`Facsimile: (703) 894-6430
`mcasey@dbjg.com
`jsd@dbjg.com
`docket@dbjg.com
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`Attorneys for Patent Owner Smartflash LLC
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`s/ Megan Raymond
`Megan F. Raymond
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`ROPES & GRAY LLP
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