JARED BOBROW (Bar No. 133712)
`jared.bobrow@weil.com
`ANDREW L. PERITO (Bar No. 269995)
`andrew.perito@weil.com
`CHRISTOPHER S. GEYER (Bar No. 288527)
`christopher.geyer@weil.com
`WEIL, GOTSHAL & MANGES LLP
`Silicon Valley Office
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065-1134
`Telephone: (650) 802-3000
`Facsimile: (650) 802-3100
`
`Attorneys for Defendant
`eBay Inc.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`ADVANCED AUCTIONS LLC,
`
`Plaintiff,
`
`
`v.
`EBAY INC.,
`
`Defendant.
`
`
`Case No. 3:13-cv-1612 BEN (WMc)
`EBAY’S INVALIDITY
`CONTENTIONS AND
`ACCOMPANYING DOCUMENT
`PRODUCTION PURSUANT TO
`PATENT LOCAL RULES 3.3
`AND 3.4
`
`
`Judge: Honorable Roger T. Benitez
`
`EBAY’S INVALIDITY CONTENTIONS
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`
`
`
`
`
`

`

`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Pursuant to Patent Local Rules 3.3 and 3.4 and the Case Management
`Order (D.I. 18) in this action, Defendant eBay Inc. (“eBay”) hereby discloses its
`Invalidity Contentions and Accompanying Document Production to Plaintiff
`Advanced Auctions LLC (“Advanced Auctions”). eBay provides these disclosures
`based on information obtained to date. eBay expects that additional evidence and
`information will become available through discovery. eBay expressly reserves the
`right to amend its invalidity contentions, pursuant to Patent Local Rule 3.6(b) and
`the Case Management Order, as discovery and investigation continue and as
`appropriate as the case progresses.
`INTRODUCTION
`Advanced Auctions has asserted Claims 1-7, 10, 12-15, and 23-26 of
`U.S. Patent No. 8,266,000
`(“the
`’000 Patent”) against ebay.com and
`mobileweb.ebay.com, and Claims 10-15 and 17-21 of the ’000 Patent against the
`following mobile applications: eBay for iPhone, eBay for iPad, and eBay’s
`Android application. eBay’s Invalidity Contentions are based in whole or in part on
`its present understanding of the asserted claims and Advanced Auctions’
`infringement theories and apparent proposed claim scope, as understood from
`Advanced Auctions’ Disclosure of Asserted Claims and Preliminary Infringement
`Contentions and Document Production Accompanying Disclosure served pursuant
`to Patent Local Rules 3.1 and 3.2 on August 21, 2013. e Bay has identified a
`number of deficiencies in Advanced Auctions’ infringement contentions and is in
`the process of meeting and conferring with Advanced Auctions about these
`deficiencies. A lthough Advanced Auctions’ Infringement Contentions fail to
`provide eBay adequate notice of Advanced Auctions’ infringement theories under
`the Doctrine of Equivalents and the basis for such theories, eBay has nevertheless
`made a good faith effort to provide its Invalidity Contentions based on the
`information Advanced Auctions has provided to date. eBay reserves all rights with
`respect to the inadequacies in Advanced Auctions’ Infringement Contentions.
`EBAY’S INVALIDITY CONTENTIONS
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`
`
`2
`
`

`

`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`The accompanying invalidity claim charts (see Attachment A) list
`specific examples where prior art references disclose, either expressly, implicitly in
`the larger context of the passage, or inherently, each limitation of the asserted
`claims and/or examples of disclosures in view of which a person of ordinary skill in
`the art would have considered each limitation obvious. eBay has endeavored to
`identify the most relevant portions of the references. B ut the references may
`contain additional support for particular claim limitations. Likewise, for prior art
`systems, eBay has endeavored to identify documentation and information that
`describes the systems, but reserves the right to provide additional details about
`these prior art systems as that information is identified. eBay may rely on uncited
`portions of the prior art references, other documents and/or operational systems,
`and fact and expert testimony to provide context or to aid in understanding the cited
`portions of the references. Where eBay cites to a particular figure in a reference,
`the citation should be understood to encompass the caption and description of the
`figure and the text relating to and/or describing the figure. Conversely, where eBay
`cites to particular text referring to a figure, the citation should be understood to
`include the figure and related figures as well.
`U.S. Patent No. 8,266,000
`I.
`A. Anticipation
`Pursuant to Patent Local Rule 3.3, eBay identifies the following prior
`art as anticipating Claims 1-7, 10-15, 17-21, and 23-26 of the ’000 Patent, either
`expressly, implicitly in the larger context of the passage, or inherently as
`understood by a person having ordinary skill in the art. Each of these prior art
`patents, publications, and systems anticipates the asserted claims. In some
`instances, eBay treats certain prior art as anticipatory where certain elements are
`expressly, implicitly, or inherently based on A dvanced Auctions’ theories as
`presently understood.
`
`EBAY’S INVALIDITY CONTENTIONS
`
`
`
`3
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`

`

`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`The following patents, applications, and publications are prior art
`under at least 35 U.S.C. §§ 102(a), (b), (e), or (g).
`
`
`PRIOR ART PATENTS AND PATENT APPLICATIONS
`1. U.S. Patent No. 6,449,601, Friedland and Kruse, issued Sept. 10, 2002
`2. U.S. Patent App. No. 60/111,717, Handler, filed Dec. 8, 1998
`3. U.S. Patent No. 7,162,446, Handler, issued Jan. 9, 2007
`4. U.S. Patent No. 7,542,920, Lin-Hendel, issued June 2, 2009
`5. U.S. Patent App. No. 09/389,969, Sharfman, filed Sept. 3, 1999
`6. U.S. Patent App. No. 60/118,684, Sharfman, filed Feb. 5, 1999
`7. U.S. Patent No. 6,415,270, Rackson, et al., issued Jul. 2, 2002
`8. U.S. Patent No. 8,429,055, Dorr, issued Apr. 23, 2013
`9. U.S. Patent App. No. 09/282,046, Rossman and Heumann, filed Mar. 29, 1999
`
`
`PRIOR ART PUBLICATIONS
`1. Associated Press, “McGwire’s 70th Home Run Ball Top Draw at Auction,” Jan.
`10, 1999, available at http://lubbockonline.com/stories/011099/
`LS0376.shtml (“Baseball Auction”)
`2. Kumar et al., “Internet Auctions,” Proceedings of the 3rd USENIX Workshop
`on Electronic Commerce, USENIX Association, pp. 49-60 (Sept. 1, 1998)
`(“Internet Auctions”)
`The following systems are prior art under at least 35 U.S.C. §§ 102(a),
`(b), or (g). Although eBay’s investigation continues, information available to date
`indicates that each system was (1) known or used in this country before the alleged
`invention of the claimed subject matter of the asserted claims, (2) was in public use
`and/or on sale in this country more than one year before the filing date of the patent,
`and/or (3) was invented by another who did not abandon, suppress, or conceal,
`
`EBAY’S INVALIDITY CONTENTIONS
`
`
`
`4
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`

`

`Case 3:13-cv-01612-BEN-JLB Document 21 Filed 10/22/13 Page 1 of 3
`
`
`
`JARED BOBROW (Bar No. 133712)
`jared.bobrow@weil.com
`ANDREW L. PERITO (Bar No. 269995)
`andrew.perito@weil.com
`CHRISTOPHER S. GEYER (Bar No. 288527)
`christopher.geyer@weil.com
`WEIL, GOTSHAL & MANGES LLP
`Silicon Valley Office
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065-1134
`Telephone: (650) 802-3000
`Facsimile: (650) 802-3100
`
`Attorneys for Defendant
`eBay Inc.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`ADVANCED AUCTIONS LLC,
`
`Plaintiff,
`
`
`v.
`EBAY INC.,
`
`Defendant.
`
`Case No. 3:13-cv-1612 BEN (WMc)
`
`NOTICE OF SERVICE OF
`DEFENDANT EBAY’S INVALIDITY
`CONTENTIONS AND
`ACCOMPANYING DOCUMENT
`PRODUCTION PURSUANT TO
`PATENT LOCAL RULES 3.3
`AND 3.4
`
`
`Judge: Honorable Roger T. Benitez
`
`NOTICE OF SERVICE OF EBAY’S INVALIDITY
`CONTENTIONS AND ACCOMPANYING
`DOCUMENT PRODUCTION
`
`
`
`
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`

`

`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 3:13-cv-01612-BEN-JLB Document 21 Filed 10/22/13 Page 2 of 3
`
`
`
`Defendant eBay Inc., by and through its undersigned attorneys, hereby
`notifies the Court that it served all parties of record on October 21, 2013, with its
`Invalidity Contentions and Accompanying Document Production pursuant to Patent
`Local Rules 3.3 and 3.4, and in accordance with the parties’ Joint Motion for Order
`Extending Time for eBay Inc.’s Patent Local Rule 3.3 and 3.4 Disclosures (D.I.
`20).
`
`
`DATED: October 22, 2013
`
`
`
`WEIL, GOTSHAL & MANGES LLP
`By: /s/ Jared Bobrow
` Jared Bobrow
`
`Attorneys for Defendant eBay Inc.
`
`
`
`
`NOTICE OF SERVICE OF EBAY’S INVALIDITY
`CONTENTIONS AND ACCOMPANYING
`DOCUMENT PRODUCTION
`
`
`
`2
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`

`

`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 3:13-cv-01612-BEN-JLB Document 21 Filed 10/22/13 Page 3 of 3
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 22, 2013, NOTICE
`OF SERVICE OF DEFENDANT EBAY’S INVALIDITY CONTENTIONS
`AND ACCOMPANYING DOCUMENT PRODUCTION PURSUANT TO
`PATENT LOCAL RULES 3.3 AND 3.4 was filed with the Clerk of the Court
`using the CM/ECF system, which will then send a notification of such filing to the
`following counsel of record.
`
`
`
`
`
`
`
`Joseph P. Reid (SBN 211082)
`Thomas N. Millikan (SBN 234430)
`Gartman Law Group P.C.
`11622 El Camino Real, Suite 100
`San Diego, CA 92130
`Telephone: (858) 461-7360
`Attorneys for Plaintiff Advanced Auctions LLC.
`
`I certify that all parties in this case are represented by counsel who are
`CM/ECF participants.
`
`
` /s/ Christopher S. Geyer
` Christopher S. Geyer
`
`
`
`
`
`NOTICE OF SERVICE OF EBAY’S INVALIDITY
`CONTENTIONS AND ACCOMPANYING
`DOCUMENT PRODUCTION
`
`
`
`3
`
`CASE NO. 3:13-CV-1612 BEN (WMC)
`
`