`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`The S'cotts Company, LLC.
`
`Petitioner
`
`v.
`
`Encap, LLC.
`
`Patent Owner
`
`Case No. Unassigned
`Patent No. 8,474,183
`
`PATENT OWNER ENCAPl LLC.’S MANDATORY NOTICES
`
`
`
`Sir:
`
`Pursuant to 37 CFR §42.8, Patent Owner, Encap, LLC. submits the following
`
`Mandatory Notices in response to the Petition for Post-Grant Review of US. Patent
`
`8,474,183.
`
`I.
`
`Real Party-in-Interest
`
`In accordance with 37 CFR §42.8(b)(1), Patent Owner identifies the real parties-
`
`in-interest as Encap, LLC.
`
`II.
`
`Related Matters
`
`In accordance with 37 CFR §42.8(b)(2), Patent Owner identifies the following
`
`related proceedings:
`
`US. Patent No. 8,474,183 (“the ‘183 patent”) is currently subject to the following
`
`co—pending litigation styled: Encap, LLC. v. The Scotts Company, The Scots Miracle-Gro
`
`Company and OMS Investments, Inc., Case No. 1:11-cv-000685-WCG, filed July 18,
`
`2011.
`
`III.
`
`Lead and Back-Up Counsel
`
`In accordance with 37 CFR §42.8(b)(3), Patent Owner identifies Philip M. Weiss
`
`as lead counsel and Aaron Olejniczak as back-up counsel:
`
`Philip M. Weiss, Lead Counsel
`USPTO Reg. No. 34,751
`WEISS & WEISS
`
`410 Jericho Turnpike, Suite 105
`Jericho, NY 11753
`Phone: (516) 739-1500
`Fax: (516) 739-2189
`
`Aaron T. Olejniczak, Back Up Counsel
`Andrus, Sceales, Starke & Sawall, LLP
`
`
`
`100 East Wisconsin Ave, Suite 1100
`Milwaukee, WI 53202
`Telephone:
`(414) 271-7590
`Facsimile:
`(414) 271-5770
`
`IV.
`
`Service Information
`
`In accordance with 37 CFR §42.8(b)(4), Patent Owner identifies the following
`
`service information:
`
`Philip M. Weiss
`WEISS & WEISS
`
`410 Jericho Turnpike, Suite 105
`Jericho, NY 11753
`Phone: (516) 739-1500
`Fax: (516) 739-2189
`weissandweiss@aol.com
`
`The undersigned attorneys welcome a telephone call should the Office have any
`
`requests or questions.
`
`Dated: August 19, 2013
`
`By: [philipmweissl
`Philip M. Weiss
`Reg. No. 34,751
`WEISS & WEISS
`
`410 Jericho Turnpike, Suite 105
`Jericho, NY 11753
`Phone: (516) 739-1500
`Fax: (516) 739-2189
`
`Lead Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing was filed with the U.S. Patent
`
`and Trademark Office on August 19, 2013, was served on August 19, 2013, U.S. first
`
`class mail to the correspondence address for the attorney for the third party requestor,
`
`at the address provided below:
`
`Jeff B. Vockrodt
`
`Alexander H. Spiegler
`Hunton & Williams LLP
`
`Intellectual Property Department
`2200 Pennsylvania Avenue, NW.
`Washington, D.C. 20037
`
`on this 19th day of August, 2013
`
`[philipmweiss/
`Philip M. Weiss
`
`
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