`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`
`
`RPX Corporation,
`Petitioner,
`
`v.
`
`Macrosolve, Inc.,
`Patent Owner
`
`———————
`
`Case IPR2014-00140
`
`U.S. Patent No. 7,822,816
`
`———————
`
`
`
`NOTICE OF PROPOSED MOTIONS
`
`BY PETITIONER RPX CORP.
`
`
`
`
`
`
`
`Petitioner’s Notice of Proposed Motions
`
`NOTICE OF PROPOSED MOTIONS
`
`The initial conference call in this matter is scheduled for June 19, 2014 at
`
`2:00pm Eastern Time. Pursuant to the instructions for initial conference calls set
`
`forth in the Office Trial Practice Guide, Petitioner RPX Corp. provides the
`
`following notice regarding anticipated motions in this case.
`
`Petitioner’s Motions: RPX observes that the patent involved in this
`
`proceeding, U.S. Patent No. 7,822,816, was recently the subject of Ex Parte
`
`Reexamination Certificate No. 10187, issued June 10, 2014, which canceled all
`
`claims. It is RPX’s understanding that the Reexamination Certificate represents
`
`the final disposition of the ’816 patent reexamination. RPX accordingly requests
`
`permission to file a motion to terminate this IPR pursuant to 37 C.F.R. § 42.72
`
`because the claims of the ’816 Patent have already been canceled as invalid.
`
`Before filing such a motion, RPX will seek assurances that Macrosolve (1) will not
`
`seek to revive the claims of the ’816 patent and (2) does not seek to amend its
`
`claims in this proceeding.
`
`RPX does not presently intend to file any other motions but nevertheless
`
`reserves the right to file a motion to exclude evidence or a motion for observation
`
`on the dates set forth in the scheduling order for this case, as well as to request
`
`permission to file any other motions that become necessary as the case develops
`
`(e.g., a motion for discovery).
`
`2
`
`
`
`June 17, 2014
`
`
`
`
`
`
`
`Petitioner’s Notice of Proposed Motions
`
`Respectfully submitted,
`
`/David L. McCombs/
`David McCombs
`Registration No. 32,271
`Attorney Docket No.: 51167.2
`
`
`
`
`
`3
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IPR 2014-00140
`
`Attorney Docket No.:
`
`Customer No.:
`
`Petitioner:
`RPX Corporation
`
`
`§§§§§§§§§§
`
`In re patent of: Payne
`
`U.S. Patent No. 7,822,816
`
`Issued: October 26, 2010
`
`Title: SYSTEM AND METHOD
`FOR DATA
`MANAGEMENT
`
`51167.2
`
`27683
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that
`service was made on the Patent Owner as detailed below.
`Date of service June 17, 2014
`
`Manner of service FEDERAL EXPRESS
`
`Documents served Notice of Proposed Motions
`
`Persons served Terry L. Watt
`Scott R. Zingerman
`Red H. Holmes
`Fellers Snider Blankenship Bailey & Tippens
`The Kennedy Building
`321 South Boston Suite 800
`Tulsa, OK 74103-3318
`
`
`
`
`
`/David McCombs/
`David McCombs
`Registration No. 32,271
`
`
`
`1
`
`
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