`571-272-7822
`
`Paper No. 5
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EXPEDIA, INC., FANDANGO, LLC, HOTELS.COM, L.P., HOTEL
`TONIGHT, INC., HOTWIRE, INC., KAYAK SOFTWARE CORP.,
`OPENTABLE, INC., ORBITZ, LLC, PAPA JOHN’S USA, INC.,
`STUBHUB, INC., TICKETMASTER, LLC, LIVE NATION
`ENTERTAINMENT, INC., TRAVELOCITY.COM LP, WANDERSPOT
`LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC., DOMINO’S PIZZA,
`LLC, HILTON RESORTS CORPORATION, HILTON WORLDWIDE,
`INC., HILTON INTERNATIONAL CO., MOBO SYSTEMS, INC., PIZZA
`HUT OF AMERICA, INC., PIZZA HUT, INC., and USABLENET, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`____________
`
`Case CBM2015-00096
`Patent 6,384,850
`____________
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`Paper No. 5
`
`Mailed: March 25, 2015
`
`Before Shereece A. Lowery, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for post-grant review in the above proceeding has been
`accorded the filing date of March 3, 2015.
`A review of the petition identified the following defect(s):
`Improper usage of claim charts under 37 C.F.R. § 42.6(a)(2)(iii).
`
`Claim charts may not include arguments, claim construction,
`statements of law, or detailed explanations as to why a claim limitation is
`taught or rendered obvious by the prior art. Petitioner’s claim charts contain
`improper argument.
`
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`
`
`
`CBM2015-00096
`Patent 6,384,850
`
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Shereece A. Lowery at 571-272-4632 or the Patent Trial and Appeal Board
`at 571-272-7822.
`
`PETITIONER:
`Richard S. Zembek
`Norton Rose Fulbright US LLP
`1301 McKinney, Suite 5100
`Houston, Texas 77010
`richard.zembek@nortonrosefulbright.com
`
`
`
`CBM2015-00096
`Patent 6,384,850
`
`Gilbert A. Greene
`Norton Rose Fulbright US LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, Texas 78701
`bert.greene@nortonrosefulbright.com
`
`PATENT OWNER:
`John W. Osborne, Lead Counsel
`OSBORNE LAW LLC
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`josborne@osborneipl.com
`
`Michael D. Fabiano, Back-up Counsel
`Fabiano Law Firm, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`
`