`571-272-7822
`
`Paper No. 20
`Entered: January 11, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00373
`Patent 6,128,290
`____________
`
`Before JAMESON LEE, MATTHEW R. CLEMENTS, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`On January 1, 2016, the parties in the above proceeding jointly
`requested a conference call to discuss (1) the effect of Patent Owner’s
`statement on page 2 of the Patent Owner Response (Paper 15) that claims 6
`and 7 of the ’290 patent have been disclaimed; and (2) whether Patent
`
`
`
`IPR2015-00373
`Patent 6,128,290
`
`Owner may file motions to file corrective Patent Owner Responses and
`Declarations in this and related proceeding IPR2015-00369. On January 5,
`2016, pursuant to the Board’s direction, Patent Owner filed a Notice of
`Filing of Statutory Disclaimer (Paper 18). Responsive to the parties’
`request, a conference call was held on January 7, 2016, between counsel for
`the parties and Judges Boudreau, Lee, and Clements. Petitioner Apple Inc.
`was represented on the call by Mark W. Rygiel. Patent Owner DSS
`Technology Management, Inc. was represented on the call by Andriy
`Lytvyn.
`On the call, we explained that the disclaimer works as an effective
`cancellation of claims 6 and 7 upon which Petitioner can rely in preparing its
`Reply to Patent Owner’s Response. We further confirmed the same to be
`consistent with Patent Owner’s understanding. Lastly, we explained that,
`because the proposed corrections to the Responses and Declarations
`identified by Patent Owner are sufficiently straightforward and not likely to
`lead to any confusion, corrected filings are neither necessary nor authorized
`at this time.
`
`
` 2
`
`
`
`
`
`
`
`IPR2015-00373
`Patent 6,128,290
`
`For PETITIONER:
`
`David K.S. Cornwell
`Mark W. Rygiel
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`davidc-PTAB@skgf.com
`mrygiel-PTAB@skgf.com
`
`
`
`For PATENT OWNER:
`
`Andriy Lytvyn
`Anton J. Hopen
`Nicholas Pfeifer
`SMITH HOPEN PA
`andriy.lytvyn@smithhopen.com
`anton.hopen@smithhopen.com
`nicholas.pfeifer@smithhopen.com
`
`
` 3
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