`
`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.,
`TRA VELOCITY.COM LP, WANDERSPOT LLC, AGIL YSYS, 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 No.: CBM2015-00096
`Patent No. 6,384,850
`
`PETITIONER'S RESPONSE TO NOTICE OF FILING DATE ACCORDED
`TO PETITION AND TIME FOR FILING PATENT OWNER
`PRELIMINARY RESPONSE (PAPER NO.5)
`
`53969876.1
`
`
`
`CBM20 15-00096
`Patent No. 6,384,850
`Petitioner Response to Paper No. 5
`
`This paper is filed in response to the Notice of Filing Date Accorded to
`
`Petition and Time for Filing Patent Owner Preliminary Response that was mailed
`
`on March 25, 2015 (Paper No. 5) (the "Notice"). The Notice requests that
`
`Petitioner correct a defect concerning improper usage of claim charts under 3 7
`
`C.F.R. § 42.6(a)(2)(iii), which apparently relates to alleged improper argument
`
`contained in Petitioner's claim charts. However, the Notice does not identify the
`
`page( s) or specific portion( s) of the Petition that contain the alleged improper
`
`argument.
`
`Petitioner has reviewed the claim charts in the Petition (Paper No. 1) and is
`
`unable to identify any improper argument. Petitioner has contacted the Board by
`
`telephone several times since receiving the Notice to request clarification on where
`
`the alleged improper argument is located in the Petition, but thus far Petitioner has
`
`been unable to obtain such clarification from the Board. Accordingly, Petitioner
`
`respectfully reiterates its requests that the Board provide clarification on the
`
`location of the alleged improper argument so that Petitioner may be afforded a fair
`
`opportunity to comply with the Notice.
`
`Petitioner believes that no fee is due in connection with this paper. The
`
`Commissioner is hereby authorized to charge any fee which may be required in
`
`53969876.1
`
`-2-
`
`
`
`CBM20 15-00096
`Patent No. 6,384,850
`Petitioner Response to Paper No.5
`
`connection with this submission to Deposit Account No. 06-2380, under Order No.
`
`11208752 from which the undersigned is authorized to draw.
`
`April 1, 2015
`
`Respectfully Submitted,
`By:
`/s/ Richard S. Zembek
`Richard S. Zembek
`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
`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 Expedia, Inc., Fandango, LLC,
`Hotel Tonight, Inc., Hotwire, Inc.,
`Hotels.com, L.P ., Kayak Software Corp.,
`Live Nation Entertainment, Inc., Orbitz,
`LLC, Open Table, Inc., Papa John's USA,
`Inc., StubHub, Inc., Ticketmaster, LLC,
`Travelocity.com LP, Wanderspot LLC,
`Agilysys, Inc., Domino's Pizza, Inc.,
`Domino's Pizza, LLC, Hilton Resorts
`Corporation, Hilton Worldwide, Inc., Hilton
`International Co., Moho Systems, Inc., Pizza
`Hut of America, Inc. and Pizza Hut, Inc.,
`and Usablenet, Inc.
`
`53969876.1
`
`- 3-
`
`
`
`CBM20 15-00096
`Patent No. 6,384,850
`Petitioner Response to Paper No. 5
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner's
`Response to Notice of Filing Date Accorded to Petition and Time for Filing Patent
`Owner Preliminary Response (Paper No. 5), was served on April 1, 2015 on PO,
`PO correspondent, and others as follows:
`
`By Courier
`Locke Lord LLP
`Attn: IP Docketing
`Three World Financial Center
`New York, NY 10281-2101
`
`By Electronic Mail
`Michael D. Fabiano
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`
`William J. Caldarelli
`Mazzarella Caldarelli LLP
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`
`John W. Osborne
`OSBORNE LAW LLC
`josborne@osborneipl.com
`
`By:
`
`Is/ Richard S. Zembek
`Richard S. Zembek
`
`53969876.1
`
`-4-
`
`
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