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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`RESEARCH IN MOTION CORP. and RESEARCH IN MOTION LIMITED
`Petitioners
`v.
`MOBILEMEDIA IDEAS, LLC
`Patent Owner
`__________
`Case IPR2013-00016 (JYC)
`Patent U.S. 6,441,828
`__________
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`NOTICE OF PETITIONER’S REQUEST FOR AUTHORIZATION
`TO SUBMIT ADDITIONAL GROUNDS FOR UNPATENTABILITY
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`At the April 1 initial conference call, Petitioner Research In Motion
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`Corporation intends to seek the Board’s authorization to submit additional grounds
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`for unpatentability. In concurrent litigation styled MobilMedia Ideas, LLC v.
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`Apple Inc., Case No. 10-cv-258-SLR (D. Del.) (“Apple Litigation”), the District
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`Court of Delaware granted summary judgment of invalidity of dependent claims 17
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`and 18 of the ‘828 patent as anticipated by U.S. Patent No. 6,563,535 (“Anderson
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`‘535”). See Ex. 1007, Mem. Op. at 65-67 (Nov. 8, 2012), submitted herewith. By
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`definition, invalidated dependent claims 17 and 18 include all of the limitations of
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`independent claim 6 from which they depend. The invalidity decision from the
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`388883US
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`Apple Litigation occurred after the filing of the petition for inter partes review in
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`this proceeding, which was filed on October 12, 2012.
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`Petitioner Research In Motion Corporation proposes to add the same
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`grounds from the decision in the Apple Litigation (i.e., that claims 17 and 18 of the
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`‘828 patent are invalid as anticipated by Anderson ‘535), to this inter partes
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`review.
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`Accordingly, Petitioner Research In Motion Corporation requests
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`authorization to: (i) submit the additional grounds for unpatentability in a
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`supplemental paper along with the requisite analysis under 37 C.F.R. §
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`42.104(b)(4)-(5), or, alternatively, (ii) file a motion to submit supplemental
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`information under 37 C.F.R. § 42.123(a) to present the additional grounds for
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`unpatentability. Petitioner respectfully submits that the first option will require the
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`least adjustment to the schedule, as the Petitioner can submit a supplemental paper
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`with the additional grounds for unpatentability by April 5, 2012.
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`Customer Number
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` 22850
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`Tel: (703) 413-3000
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`Fax: (703) 413 -2220
`(OSMMN 07/09)
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`Respectfully submitted,
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`Research In Motion Corp.,
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`Petitioner
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`By: /Robert C. Mattson/
`Robert C. Mattson
`Registration No. 42,850
`OBLON, SPIVAK, McCLELLAND,
`MAIER &, NEUSTADT, L.L.P.
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`388883US
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`EXHIBIT APPENDIX
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`Exhibit 1001 - U.S. Patent No. 6,441,828 (for inter partes review)
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`Exhibit 1002 - U.S. Patent No. 6,262,769 (“Anderson”), issued July 17, 2001, and
`filed July 31, 1997
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`Exhibit 1003 - U.S. Patent No. 5,760,760 (“Helms”), issued June 2, 1998, and filed
`July 17, 1995
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`Exhibit 1004 - European Patent Application Pub. No. 0587161A2 (“Nagasaki”),
`published March 16, 1994.
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`Exhibit 1005 - U.S. Patent No. 6,148,149 (“Kagle”), issued November 14, 2000,
`and filed May 26, 1998
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`Exhibit 1006 - U.S. Patent No. 6,396,472 (“Jacklin”), issued May 28, 2002, and
`filed October 28, 1996
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`Exhibit 1007 - MobileMedia Ideas, LLC v. Apple, Inc., Civ. No. 10-258-SLR,
`Memorandum Opinion filed November 8, 2012
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`388883US
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on March 29, 2013, I caused a true and correct copy of
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`the foregoing NOTICE OF PETITIONER’S REQUEST FOR
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`AUTHORIZATION TO SUBMIT ADDITIONAL GROUNDS FOR
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`UNPATENTABILITY and EXHIBIT 1007 to be served electronically on:
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`MMI-USPTO-Comm@Proskauer.com
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`/Robert C. Mattson/
`Robert C. Mattson
`Registration No. 42,850
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