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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––
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`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
`
`JOHN D’AGOSTINO
`Patent Owner
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`––––––––––
`
`Case IPR2014-00543
`(Patent 8,036,988)
`
`Title: System and Method for Performing Secure Credit Card Transactions
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`––––––––––
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`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
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`Petitioner’s Reply to Patent Owner’s Response
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`Table of Contents
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`Page
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`Introduction .................................................................................................. 1
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`Claim Construction ...................................................................................... 1
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`Cohen Discloses “A Payment Category That at Least Limits Transactions
`to a Single Merchant” ................................................................................... 5
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`Cohen Discloses “A Payment Category That at Least Limits Transactions
`to One or More Merchants” ......................................................................... 9
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`Cohen Discloses Defining a Payment Category Before Generating the
`Transaction Code .......................................................................................11
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`Conclusion ..................................................................................................15
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`I.
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`II.
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`III.
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`IV.
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`V.
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`VI.
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`i
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`Petitioner’s Reply to Patent Owner’s Response
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`PETITIONER’S UPDATED LIST OF EXHIBITS
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`Exhibit No.
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`Description
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`Exhibit 1001 U.S. Patent No. 8,036,988
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`Exhibit 1002 File History for U.S. Patent No. 8,036,988
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`Exhibit 1003 File History for U.S. Reexamination No. 90/012,517
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`Exhibit 1004 U.S. Patent No. 6,422,462 (“Cohen”)
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`Exhibit 1005 U.S. Patent No. 6,636,833 (“Flitcroft”)
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`Exhibit 1006 U.S. Patent No. 5,826,243 (“Musmanno”)
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`Exhibit 1007 Complaint in D’Agostino v. MasterCard, Inc. et al. (13-cv-0738)
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`Exhibit 1008 Declaration of Jack D. Grimes, Ph.D.
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`Exhibit 1009 Excerpts from Random House Webster’s Unabridged Dictionary,
`Second Edition
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`Exhibit 1010 U.S. Patent No. 6,064,987 (“Walker”)
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`Exhibit 1011 U.S. Patent No. 5,283,829 (“Anderson”)
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`Exhibit 1012
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`ISO 8583 Financial Transaction Card Originated Messages –
`Interchange Message Specifications (1992) (“ISO 8583”)
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`Exhibit 1013 File History for U.S. Patent No. 7,840,486
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`Exhibit 1014 Patent Trial and Appeal Board’s (“PTAB”) 3/7/14 CBM Decision
`for U.S. Patent No. 8,036,988
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`Exhibit 1015 Patent Owner’s 12/24/13 Preliminary Response to Petitioner’s
`Request for CBM Patent Review of the ‘988 Patent
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`
`
`
`ii
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`Petitioner’s Reply to Patent Owner’s Response
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`Exhibit 1016 U.S. Provisional App. No. 60/079,884 (“’884 Provisional)
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`Exhibit 1017 U.S. Provisional App. No. 60/099,614 (“’614 Provisional)
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`Exhibit 1018 U.S. Provisional App. No. 60/098,175 (“’175 Provisional)
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`Exhibit 1019 U.S. Provisional App. No. 60/092,500 (“’500 Provisional)
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`Exhibit 1020 Statement Regarding Prior or Concurrent Proceedings (37 C.F.R. §
`1.565)
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`Exhibit 1021 Examiners “Statement of Reasons for Patentability and/or
`Confirmation”
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`Exhibit 1022 Patent Owner’s 09/11/14 E-mail to Petitioner
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`Exhibit 1023 Petitioner’s 09/11/14 E-mail to Patent Owner
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`Exhibit 1024 U.S. Census Bureau, “Statistics of U.S. Businesses Employment
`and Payroll Summary: 2012”
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`iii
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`Petitioner’s Reply to Patent Owner’s Response
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`I.
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`Introduction
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`Patent Owner’s Response attempts to distinguish the claims of the ‘988
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`patent from Cohen by presenting three principal arguments. Patent Owner
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`contends that Cohen does not disclose: (1) a payment category that limits
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`transactions to a single merchant; (2) a payment category that limits transactions to
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`one or more merchants; and (3) defining a payment category that places limitations
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`on a transaction code before generating the transaction code. Response at 1-2.
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`Patent Owner’s arguments, however, are premised on claim constructions already
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`rejected by the Board in its Decision to Institute (“ID”). ID at 6-10. Because
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`Cohen explicitly discloses each of the limitations at issue, as properly construed
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`by the Board, all claims of the ‘988 patent are unpatentable and should be
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`canceled.
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`II. Claim Construction
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`Patent Owner and its declarant1 premise their arguments on flawed claim
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`constructions that are divorced from the broadest reasonable interpretation standard
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`applicable to this proceeding. 37 C.F.R. § 42.100(b).
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`1 Edward L. Gussin’s testimony should be given no weight because his opinions
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`are based on flawed claim constructions previously rejected by the Board, and
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`because he lacks the minimum qualifications that he concedes are required of a
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`person of ordinary skill in the art. Ex. 2007 ¶ 30; Ex. 1008 ¶ 18.
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`1
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`Petitioner’s Reply to Patent Owner’s Response
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`Regarding “generating a transaction code,” Patent Owner argues that this
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`term must be read to require that the “transaction code” be “indicative” of not just
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`“a specific credit card account” but also “a payment category.” Response at 5, 7-9.
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`As the Board found, however, this may be a preferred embodiment, but it is
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`certainly not required. ID at 7. Patent Owner’s argument that the Board’s
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`construction
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`is
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`incorrect because
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`it purportedly “excludes” a preferred
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`embodiment” (p. 9) is meritless. The Board’s construction properly includes
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`within the scope of the claim the embodiment where the “transaction code” is
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`indicative of a payment category. Thus, this embodiment is not “exclud[ed]” at all.
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`Claim differentiation also counsels against Patent Owner’s construction requiring
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`indication of a payment category. Claim 5, for example, would be superfluous if
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`Patent Owner’s construction were adopted.
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`Patent Owner’s additional argument that this term should be broadened to
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`cover either a “credit card account or a debit card account” (pp. 5-7) is both
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`irrelevant and meritless. First, Patent Owner does not explain how this revised
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`construction would alter the outcome in this proceeding. Second, the argument is
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`belied by the claims themselves, all of which are expressly limited to methods for
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`“secure credit card purchases.” Ex. 1001 (emphasis supplied).
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`Patent Owner’s proposed construction of “defining at least one payment
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`category” is also flawed as it improperly avoids giving any meaning to the term
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`2
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`Petitioner’s Reply to Patent Owner’s Response
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`“payment category,” instead merely repeating that disputed term in its proposed
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`construction. Response at 9-12. Moreover, Patent Owner’s construction, which
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`requires “specifying the limit of a payment category,” fails to apply the broadest
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`reasonable interpretation standard. Nothing in the claim or specification requires
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`that a payment category necessarily include “the limit” applicable to that category.
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`Indeed, such a requirement would render claim 38 nonsensical, as that claim
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`requires that a payment category be “further limited” by provided transaction
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`details. Therefore, the claimed “payment category” does not necessarily include
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`the applicable limits. Those limits can come later.
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`Similarly, the Patent Owner’s argument regarding “particular merchant” is
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`unfounded. The Board correctly found this term to mean “the merchant to whom
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`the customer discloses the transaction code” and/or “the merchant with whom the
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`customer is transacting.” ID at 9. The argument the Patent Owner now makes in
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`support of its construction (i.e., that the “particular merchant” is merely one with
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`whom a customer is able to engage in “a” purchase transaction and not necessarily
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`“the” merchant with whom the customer is transacting, Response at 12) is
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`unreasonable, at least because the Patent Owner argued the exact opposite to obtain
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`allowance during the ex parte prosecution of the parent ‘486 Patent. See Ex. 1013
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`p. 187 (where the Patent Owner distinguished the prior art for failing to tie the
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`transaction to the code, contending that the prior art is “not directed towards
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`3
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`Petitioner’s Reply to Patent Owner’s Response
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`generating a temporary account number on a transactional basis,” but rather uses
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`merchant type category codes and approved vendor lists having pre-identified
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`merchants); Ex. 1008 p.14, n.3; Petition at 10.
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`Additionally, the Patent Owner falsely states that “Petitioner’s expert
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`agrees” with Patent Owner’s construction. Response at 12. To the contrary,
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`Petitioner’s expert’s construction calls for “a specific merchant with whom a
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`customer can engage in the purchase transaction” -- not “a” purchase transaction,
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`as proposed by the Patent Owner. Ex. 1008 ¶ 23. Although only a word, the
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`difference is immense. Under Patent Owner’s construction, the “particular
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`merchant” could be any merchant potentially involved in any transaction --
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`untethered to the “transactions” explicitly mentioned in the clause just preceding
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`“particular merchant.” In context, the phrase “particular merchant” must reference
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`“the” merchant with whom the customer is transacting -- not any merchant with
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`whom the customer could transact.2 See Ex. 1008 ¶ 26.
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`2 Patent Owner’s reliance on claim differentiation is misplaced (Response at 14).
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`None of the independent claims require the merchant ever be identified. Instead,
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`they merely require a limitation to be included in a payment category “prior to any
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`particular merchant being identified.” Moreover, the dependent claims include
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`particular timing limitations related to when during transaction processing the
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`merchant is identified. Thus, those claims are not superfluous.
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`4
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`Petitioner’s Reply to Patent Owner’s Response
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`The Patent Owner further spends several pages attacking the Board’s
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`construction of the “said one or more merchants limitation” and the “single
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`merchant limitation.” Response at 15-22. These “arguments” lack substance.
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`The Board correctly interpreted each phrase as “any group, category, or type of
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`merchant is included in the payment category prior to the customer selecting a
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`particular merchant for a transaction.” ID at 9. The Board then qualified this
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`construction noting that “one or more merchants” allows “for one or multiple
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`merchants as any group, category, or type of merchant” and “single merchant”
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`allows “for only one merchant.” Id. at 10. The Patent Owner professes confusion
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`about this construction (“it is unclear”), and “interprets the Board’s construction of
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`“said single merchant limitation” to be “any one group, type, or category of
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`merchant.” Response at 19. But this is neither reasonable nor correct, as the
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`Board has already explained. ID at 10. In view of the foregoing, Patent Owner’s
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`arguments regarding patentability also fail, as explained below.
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`III. Cohen Discloses “A Payment Category That at Least Limits
`Transactions to a Single Merchant”
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`In connection with claims 21 and 23-30, and the clause “within a payment
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`category that at least limits transactions to a single merchant,” Patent Owner argues
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`(1) that Petitioner relies on Cohen’s disclosure of single-use cards (at 24); (2) that
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`Cohen’s disclosure of single-use cards does “not meet the disputed claim limitation
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`because a single-use card cannot be used to make multiple transactions as required
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`5
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`Petitioner’s Reply to Patent Owner’s Response
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`by the claims” (at 24-25); and (3) that this claim limitation “includes making more
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`than one transaction” (at 25). Patent Owner also generally argues that the “single
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`merchant limitation” is not disclosed in Cohen. Response at 26-33.
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`Patent Owner is wrong on all counts. First, Patent Owner assumes
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`incorrectly that this limitation requires multiple transactions with a single
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`merchant. But, the surrounding claim text is not restricted to multiple transactions.
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`Instead, the claim specifies that the “account holder” requests “a transaction code
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`to make a purchase…” Thus, under the broadest reasonable interpretation
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`standard, the claim encompasses conducting only one transaction with a single
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`merchant. It could also encompass multiple transactions at a single merchant, but
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`that is not required. Had the Patent Owner desired to add that limitation to the
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`claim, it should have sought to do so by amendment.
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`Second, even if, as Patent Owner contends, the claim requires multiple
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`transactions with a single merchant, Cohen discloses this feature. Ex. 1004 at
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`2:35-43; 8:25-39 (“The card could be valid only for purchases on that particular
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`day, to a certain designated purchase limit, and even, if desired only in a certain
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`store, or group of stores or types of stores (e.g. clothing stores...); “any of [these]
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`features... can also be combined.”) Id. 8:35-36 (emphasis supplied).
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`The fact that Cohen also discloses a single-use card that can be used for a
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`single purchase does not alter this conclusion. Cf. Response at 25. As disclosed in
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`6
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`Petitioner’s Reply to Patent Owner’s Response
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`Cohen: “a card [could be used] in any computer store which is good for a total
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`purchase of up to, for example, $2000 in value.” Id. at 8:38-40. This portion of
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`Cohen alone meets the Patent Owner’s narrow construction (Response at 26, 28-
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`29) as it recites the use of a payment category comprising an unidentified
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`“computer store” or “single merchant” allowing for multiple purchases or
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`transactions, over any time period, up to a certain value. This is exactly what
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`Patent Owner says is required by this limitation, and is exactly what is disclosed in
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`Cohen -- as the Board previously found. ID at 13-14.
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`Patent Owner further argues that Cohen’s disclosure does not satisfy the
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`claims’ limits to a “single merchant” or designation of a payment category “prior
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`to any particular merchant being identified.” Response at 26-32. Patent Owner
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`also cites the Central Reexamination Unit’s (“CRU’s”) statement that “Cohen does
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`not disclose a single merchant being included in a payment category prior to any
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`particular merchant being identified.” Response at 33. Both the Patent Owner and
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`the CRU misapply the teachings of Cohen.
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`Applying this Board’s proper construction of the “single merchant
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`limitation” (i.e., “only one merchant is included in the payment category prior to
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`the customer selecting that particular merchant for a transaction”), or even using
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`the Patent Owner’s construction (“including the limit in the payment category that
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`7
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`Petitioner’s Reply to Patent Owner’s Response
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`limits transactions to a single merchant before any specific merchant is identified
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`as the single merchant,” Response at 22), Cohen anticipates.
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`More specifically, Cohen explicitly discloses a payment card system having
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`“customized or limited use” credit cards. Ex. 1004, 2:55-57. These cards, in one
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`example, “could be valid only for purchase...only in a certain store, or group of
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`stores or type of stores (e.g., clothing stores)...” Id. 8:44-46. Or, the card could be
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`used “in any computer store.” Id. 8:37-39. These instances alone demonstrate a
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`payment category limited to one (i.e. a single) merchant (e.g., a certain store, type
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`of store, clothing store or computer store), in each case the name of the store being
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`unidentified until the card is later used at the store itself. Accordingly, Cohen
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`discloses the “single merchant limitation.”
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`To support its flawed argument, Patent Owner resorts to selectively quoting
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`Dr. Grimes in an effort to convince the Board that Dr. Grimes “concedes that a
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`merchant type limit…does not satisfy the disputed claim limitation.” Response at
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`27-28; see also id. at 35. In particular, Patent Owner quotes the following from Dr.
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`Grimes: “pre-identifying a merchant by an MCC code is insufficient to satisfy the
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`element ‘prior to any particular merchant being identified.’” Id. But, as the
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`remainder of the sentence (left out by Patent Owner) makes clear, Dr. Grimes is
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`not relying on “pre-identifying” a merchant to satisfy the claim element. Instead,
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`as Dr. Grimes correctly states in the rest of that sentence: “the claimed
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`8
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`Petitioner’s Reply to Patent Owner’s Response
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`identification must be related to the transactions in the payment category.” Ex.
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`1008, p. 14, n.3. Like Dr. Grimes, Petitioner relies on Cohen’s disclosure of
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`identifying the merchant at the time of the transaction as satisfying the claim
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`element, not any “pre-identification,” as the Board has recognized. (ID at 15) (“the
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`user subsequently identifies a particular merchant”) (emphasis added).
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`Accordingly, Patent Owner’s arguments that in Cohen, merchants must be
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`pre-identified “in order to limit a credit card’s use to a group of stores, that group
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`must already exist” (e.g. Response at 29-32) are irrelevant. These arguments
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`confuse any pre-identification (which, as Dr. Grimes has noted, was disclaimed
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`during ex parte prosecution) with the claimed identification that takes place in the
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`course of carrying out the transaction that is subject to the limit. Whether
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`merchants have been pre-identified as being within a particular class of merchants,
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`such as clothing stores, is simply irrelevant to the claims. Accordingly, Cohen
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`anticipates.
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`IV. Cohen Discloses “A Payment Category That at Least Limits
`Transactions to One or More Merchants”
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`Patent Owner argues that Cohen’s merchant limitation cannot satisfy the
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`claim term “a payment category that at least limits transactions to one or more
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`merchants” because a merchant limitation “does not create a limit to a reasonable,
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`finite number of merchants.” ‘988 Response at 36-37. Using the clothing store
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`9
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`Petitioner’s Reply to Patent Owner’s Response
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`example, Patent Owner argues that a limitation to clothing stores is “not a
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`numerical limit that is finite.” Id.
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`As an initial matter, Patent Owner’s only evidence for the remarkable
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`proposition that there are an infinite number of clothing stores in the world is the
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`testimony of Mr. Gussin, who is not a person skilled in the art, and whose
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`conclusory “opinion” is entitled to no weight.3 Mr. Gussin’s “reasoning” is limited
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`to asking the rhetorical question: “how can one know or even determine the
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`number of clothing stores that might exist in the entire world on any given day.”
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`Ex. 2007 ¶ 51.4 Notably, Mr. Gussin does not dispute that as of the effective filing
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`date of the ‘988 Patent, there existed in the world only a finite number of clothing
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`stores. Accordingly, Cohen’s disclosure, as of that date, of creating a payment
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`category that limits payment card transactions to clothing stores is sufficient to
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`anticipate. Nothing in the claims requires that it be easy to count the number of
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`3 A 2012 government survey reported 1,063,842 retailers in the United States.
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`Even if every one of those were a clothing retailer, there would still be a finite
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`number of clothing retailers, contrary to Patent Owner’s suggestion. Ex.1024, p.7.
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`4 Patent Owner’s reasoning is also inconsistent with its argument that members of a
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`particular industry group must be pre-identified by the credit card company in
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`order to restrict purchases to that group. Cf. Response p. 30.
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`10
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`Petitioner’s Reply to Patent Owner’s Response
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`possible stores at which the transaction number could be used, but only that there
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`be some limit.
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`Patent Owner also exhausts several pages repeating arguments that
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`MasterCard already addressed in its Petition (‘988 Response at 35, 37-9), and
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`which the Board found unconvincing in its Decision to Institute. These arguments
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`are without merit.
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`Accordingly, Cohen’s merchant limitation satisfies the claim term “a
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`payment category that at least limits transactions to one or more merchants.”
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`V. Cohen Discloses Defining a Payment Category Before Generating the
`Transaction Code
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`Patent Owner argues that the claims require “designating/selecting a
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`payment category that places limitations on a transaction code before the
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`transaction code is generated.”5 Response at 39-45 (emphasis added). Petitioner
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`disagrees and respectfully submits that designating/selecting a payment category
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`need not take place before the transaction code is generated. Indeed, nothing in the
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`patent’s specification requires such a narrow reading, and the doctrine of claim
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`5 The Board construed “generating a transaction code” to mean “creating or
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`producing a code that is usable as a substitute for a credit card number in a
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`purchase transaction, the transaction code is pre-coded to be indicative of a specific
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`credit card account.” ID at 7.
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`11
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`Petitioner’s Reply to Patent Owner’s Response
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`differentiation supports a broader reading, not requiring the limitations at issue to
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`proceed in sequence.
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`For instance, claim 1 calls for “defining at least one payment category to
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`include [a one or more merchants limitation]..., designating said payment category
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`[and] generating a transaction code” -- and claim 2 requires that “the step of
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`designating at least one of said one or more merchants” take place “subsequent to
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`generating the transaction code.” Claim 2’s “subsequent” requirement would not
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`make sense if claim 1 required just the opposite, as seemingly urged by the Patent
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`Owner. Consequently, claim 1 does not require the designating/selecting step
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`before the transaction code is generated. If the inventor had wanted to claim a
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`particular sequence in Claim 1 he would have explicitly done so, as he did in
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`Claim 2.
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`Nonetheless, Patent Owner then argues that Cohen does not disclose these
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`two steps in the order it says the claims require. Patent Owner’s argument is
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`without merit, even if the claims were to be read to require that the limitations be
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`placed on a transaction code before the code were generated.
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`Patent Owner cites to one embodiment in Cohen where the payment
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`category is defined after the transaction code is generated. (Response at 43; Ex.
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`1004 (Cohen) at 9:13-23) This is the same embodiment cited by the CRU in
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`issuing the Notice of Intent to Issue Ex Parte Reexamination Certification for the
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`12
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`Petitioner’s Reply to Patent Owner’s Response
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`‘988 patent (‘988 NIIRC at 2-3). Both the Patent Owner and the CRU, however,
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`misinterpret and/or misunderstand (or ignore) the explicit additional disclosures in
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`Cohen defining a payment category before generating the transaction code. See,
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`e.g., Cohen at 3:40-55, 56-67.
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`More specifically, Patent Owner argues that Cohen’s single or multiple use
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`cards do not satisfy the “defining/selecting a payment category that places a
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`limitation on a transaction code” before “generating the transaction code.”
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`Response at 39-45. Cohen, however, discloses that a single use card (i.e. a
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`“disposable card”) is generated for the purpose of allowing a single transaction,
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`after which it can be thrown away. Cohen at 2:14-15. Cohen also discloses that
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`customized or limited use cards are generated for the purposes of allowing one or
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`multiple transactions for only particular uses or groups of uses. Id. at 7:65-8:57.
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`In all cases, a user can call a credit card company to request a single or
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`customized use card. Cohen at 3:41-47 (“a user dials into her credit card company
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`before making a transaction, and after providing the ordinary credit card number
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`and verification data, is provided with a disposable or customized number and/or
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`mailed, provided with, or allowed to activate a disposable or customized card for a
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`single or limited range use.”) (ID at 14, emphasis added). The fact that the user
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`requests the single or customized use card and then receives such a card in
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`response - all before any transaction takes place - indicates that the payment
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`13
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`Petitioner’s Reply to Patent Owner’s Response
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`category (i.e. restricting a card to a single or customized use, which effectively
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`limits the card to a single merchant or multiple merchants, as the case may be) is
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`defined before the transaction code is generated. The user receives a card that has
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`already been designated for a single or customized use, so the single or customized
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`use category must have been designated before the transaction code was generated.
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`Cohen does not suggest otherwise.
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`Indeed, Cohen is even more explicit, disclosing that “in advance of the
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`purchase” a user can call the credit card company to “indicate” the exact use of the
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`card, namely “what the single use or customized credit card number is to be used
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`for.” Cohen 3:49-54. Cohen thus discloses that a user may first designate or select
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`a payment category that places limitations on a transaction code (e.g., single use,
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`customized use), saying what the card is to be used for (e.g., for purchases in
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`computer stores). Then, “before making the transaction” and “in advance of
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`purchase” -- and after saying what the card is to be used for (i.e., after
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`defining/selecting a payment category) -- the user is “provided with a disposable or
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`customized number” (i.e., transaction code) for making a purchase or purchases
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`within the payment category. Id. This is the very sequence that Patent Owner says
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`is missing from Cohen.
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`But there is more. Cohen also discloses an additional embodiment, where “a
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`user could be provided … with a set of disposable, one time only, or customized,
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`
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`14
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`Petitioner’s Reply to Patent Owner’s Response
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`limited use, numbers….” Ex. 1004, 3:56-60. Cohen further explains: “With
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`respect to the customized card, the cards can either be preset for certain uses, or
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`the cards can be ready and waiting in the user's office or home for setting to the
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`desired use when the user is ready.” Id. 3:63-67 (emphasis added). Accordingly,
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`Cohen discloses both designating a particular payment category before the number
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`(or authorization code) is generated (i.e. the card is “preset” for a particular use)
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`and designating a payment category after the code is generated (i.e. the card is
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`“ready …for setting to the desired use when the user is ready”). As a result, Cohen
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`anticipates, even if payment category designation is required before the code is
`
`generated.
`
`VI. Conclusion
`
`The absence of comments in reply to a specific assertion made by the Patent
`
`Owner does not signify agreement with or concession of that assertion, but that the
`
`assertion has already been addressed by MasterCard or is without any merit. For
`
`the foregoing reasons and based on the Petition, the expert declaration of Dr.
`
`Grimes, and all the supporting evidence of record, MasterCard respectfully
`
`requests that the Board issue a final decision cancelling each and every claim of
`
`the ’988 patent.
`
`February 27, 2015
`
`
`Eliot D. Williams
`
`
`
`Respectfully submitted,
`BAKER BOTTS LLP
`/Robert C. Scheinfeld/
`Robert C. Scheinfeld
`
`15
`
`
`
`
`
`
`
`
`
`Petitioner’s Reply to Patent Owner’s Response
`
`Reg. No. 50,822
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Phone: (650) 739-7511
`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
`
`
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
`
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`INCORPORATED
`
`
`
`16
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the 27th day of February, 2015, a complete
`
`and entire copy of PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
`
`and EXHIBIT 1024 were served via electronic mail and Federal Express to the
`
`Patent Owner’s attorneys of record at the following address:
`
`
`
`Stephen J. Lewellyn
`Brittany J. Maxey
`Maxey Law Offices, PLLC
`100 Second Avenue South
`Suite 401 North Tower
`St. Petersburg, Florida 33701
`s.lewellyn@maxeyiplaw.com
`b.maxey@maxeyiplaw.com
`
`
`Respectfully submitted,
`BAKER BOTTS LLP
`
`/Robert C. Scheinfeld/
`Robert C. Scheinfeld
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
`
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`INCORPORATED
`
`
`
`
`
`
`
`
`
`Eliot D. Williams
`Reg. No. 50,822
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Phone: (650) 739-7511
`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
`
`
`
`
`
`
`
`
`
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