`
`
`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 No.: CBM2015-00096
`Patent No. 6,384,850
`
`
`
`PETITIONER’S SUPPLEMENTAL RESPONSE TO NOTICE OF FILING
`DATE ACCORDED TO PETITION AND TIME FOR FILING PATENT
`OWNER PRELIMINARY RESPONSE (PAPER NO. 5)
`
`53971342.1
`
`
`
`
`
`CBM2015-00096
`Patent No. 6,384,850
`Petitioner Supplemental Response to Paper No. 5
`
`
`This paper is a supplemental 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 5) (the “Notice”). The Notice requests that
`
`Petitioner correct a defect concerning improper usage of claim charts under 37
`
`C.F.R. § 42.6(a)(2)(iii), which relates to alleged improper argument contained in
`
`Petitioner’s claim charts. On April 1, 2015, Petitioner filed a Response to the
`
`Notice (Paper 6) reiterating its request that the Board provide clarification about
`
`the location of the alleged improper argument. Subsequently thereto, Petitioner
`
`received the requested clarification by telephone from the Board.
`
`Accordingly, Petitioner is filing contemporaneously herewith a Corrected
`
`Petition in which spacing and quotation marks have been adjusted to more clearly
`
`identify certain block quotations as such in Petitioner’s claim charts. No new
`
`arguments are presented or removed by these corrections. The substantive bases
`
`for seeking covered business method review remain unchanged.
`
`
`
`
`
`53971342.1
`
`- 2 -
`
`
`
`CBM2015-00096
`Patent No. 6,384,850
`Petitioner Supplemental Response to Paper No. 5
`
`April 3, 2015
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
` /s/ Richard S. Zembek
`By:
`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, OpenTable, 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., Mobo Systems, Inc., Pizza
`Hut of America, Inc. and Pizza Hut, Inc.,
`and Usablenet, Inc.
`
`
`53971342.1
`
`- 3 -
`
`
`
`CBM2015-00096
`Patent No. 6,384,850
`Petitioner Supplemental Response to Paper No. 5
`
`
`CERTIFICATE OF SERVICE
`
`John W. Osborne
`OSBORNE LAW LLC
`josborne@osborneipl.com
`
`
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
`
`Supplemental Response to Notice of Filing Date Accorded To Petition and Time
`for Filing Patent Owner Preliminary Response (Paper No. 5) was served by
`electronic mail on April 3, 2015 as follows:
`
`Michael D. Fabiano
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`mdfabiano@fabianolawfirm.com
`
`
`
`By:
`
`
` /s/ Richard S. Zembek
`Richard S. Zembek
`
`
`
`
`
`
`
`53971342.1
`
`- 4 -
`
`
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