`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`RESEARCH IN MOTION CORP and RESEARCH IN MOTION LIMITED
`Petitioner
`v.
`Patent of MOBILEMEDIA IDEAS LLC
`Patent Owner
`____________
`Case IPR2013-00016
`Patent U.S. 6,441,828
`____________
`
`PATENT OWNER WAIVER OF PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. § 42.107(b) AND STATEMENT REGARDING
`MANDATORY INITIAL DISCLOSURE PURSUANT TO
`37 C.F.R. § 42.51(2)
`
`
`Pursuant to 37 C.F.R. §42.107(b), the Patent Owner of U.S. Patent No.
`
`6,441,828 hereby elects to waive the patent owner preliminary response to the
`
`Requester’s Petition for Inter Partes Review. This waiver is filed within three
`
`months of service of the Petition for Inter Partes Review for this Case IPR2013-
`
`00016 mailed on and assigned a filing date of October 12, 2012. As indicated in
`
`the Trial Practice Guide, no adverse inference should be taken by this election.
`
`Office Patent Trial Practice Guide, Section II.C. The Patent Owner reserves all
`
`rights to submit a Patent Owner’s Response and/or Amendment of the Patent
`
`pursuant to 37 C.F.R. §§ 120 and 121, respectively, should the Board institute an
`
`Inter Partes Review.
`
`
`
`
`- 1 -
`
`
`
`Attorney Docket No. 51020-057USIPR
`
`At this time, the parties have not reached an agreement on mandatory
`
`discovery of the initial disclosures set forth in the Office Patent Trial Practice
`
`Guide. See 37 C.F.R. § 42.51(a)(2).
`
`
`
`The Patent Trial and Appeal Board is authorized to charge any fees incurred
`
`by the Patent Owner in this Case IPR 2013-00016 from Deposit Account No. 50-
`
`3081.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: January 10, 2013
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
`
`Respectfully submitted,
`PROSKAUER ROSE LLP
`
`/Anthony C. Coles, Reg. No. 34,139/
`Anthony C. Coles, Reg. No. 34,139
`
`/Joseph A. Capraro Jr., Reg. No. 36,471/
`Joseph A. Capraro Jr., Reg. No. 36,471
`Attorneys for Patent Owner
`
`
`
`
`- 2 -
`
`
`
`Attorney Docket No. 51020-057USIPR
`
`The undersigned certifies that the PATENT OWNER WAIVER OF
`
`PRELIMINARY RESPONSE PURSUANT TO 37 C.F.R. § 42.107(b) AND
`STATEMENT REGARDING MANDATORY INITIAL DISCLOSURE
`PURSUANT TO 37 C.F.R. § 42.51(2) was served on January 10, 2013 in its
`entirety electronically on:
`
`
`CPdocketMattson@oblon.com
`
`/Joseph A. Capraro Jr., Reg. No. 36,471/
`Joseph A. Capraro Jr., Reg. No. 36,471
`
`
`
`
`- 3 -
`
`