`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`
`Filed on behalf of Hewlett-Packard Company
`By: David L. Cavanaugh, Reg. No. 36,476
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`1875 Pennsylvania Avenue NW
` Washington, DC 20006
`
`David.Cavanaugh@wilmerhale.com
`
`Telephone: (202) 663-6025
`Owen Allen, Reg. No. 71,118
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`950 Page Mill Road
`
`Palo Alto, CA 94304
`
`Owen.Allen@wilmerhale.com
`
`Telephone: (650) 600-5029
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`HEWLETT-PACKARD COMPANY
`Patent Owner
`___________________
`
`Case No. IPR2015-00523
`Patent 6,321,229
`Filed: January 5, 2015
`___________________
`
`
`
`PATENT OWNER’S ELECTION TO WAIVE
`ITS PRELIMINARY RESPONSE
`
`
`145181469v.1
`
`
`
`
`
`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`Patent Owner Waiver of Preliminary Response
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.107(b), Patent Owner Hewlett-Packard Company
`
`(“HP”) hereby elects to waive its patent owner preliminary response to the Petition
`
`for Inter Partes Review of U.S. Patent No. 6,321,229 (“’229 patent”). As indicated
`
`in the Trial Practice Guide, no adverse inference should be taken by this election.
`
`See Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48764 (Aug. 14, 2012).
`
`Patent Owner reserves all rights to submit a Patent Owner’s Response and/or
`
`Amendment of the Patent pursuant to 37 C.F.R. §§ 42.120 and 42.121, respectively,
`
`should the Board institute Inter Partes Review.
`
`Patent Owner Notice of Developments in Related litigation
`
`Patent Owner HP wishes to make the Board aware of certain developments in
`
`the following related litigation for the ‘229 patent, which is also set forth in the
`
`Petition and HP’s Mandatory Notices: Hewlett‐Packard Company v. ServiceNow,
`Inc., Case No. 14‐CV‐00570 BLF (N.D. Cal. Feb. 6, 2014). In this related litigation,
`
`the court granted Petitioner ServiceNow’s motion for summary judgment of
`
`invalidity under 35 U.S.C. §101 for the claims of the ‘229 patent that are subject to
`
`the Petition. See Ex. 2001 (Order Granting Defendant’s Motion for Summary
`
`Judgment of Invalidity). The summary judgment motion did not involve issues
`
`under 35 U.S.C. §§ 102, 103. In addition, certain positions regarding claim
`
`2
`
`145181469v.1
`
`
`
`
`
`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`
`
`
`
`construction were taken with respect to this motion. See Ex. 2001 (Order Granting
`
`Defendant’s Motion for Summary Judgment of Invalidity) at Ex. B (HP’s Proposed
`
`Constructions), Ex. 2002 (Plaintiff Hewlett-Packard Company’s Proposed Claim
`
`Constructions in Support of HP’s Opposition to ServiceNow’s Motion for Summary
`
`Judgment of Invalidity under 35 U.S.C. § 101) at 3. The briefing relating to this
`
`summary judgment motion is publicly available.
`
`Respectfully Submitted,
`
`/David L. Cavanaugh/
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Email: David.Cavanaugh@wilmerhale.com
`Telephone: (202) 663-6025
`Facsimile: (202) 663-6363
`
`Owen Allen, Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Email: Owen.Allen@wilmerhale.com
`Telephone: (650) 600-5029
`Facsimile: (650) 858-6100
`
`Attorneys for Patent Owner Hewlett-
`Packard Company
`
`
`
`
`Date: May 8, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`145181469v.1
`
`3
`
`
`
`
`
`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 8, 2015, I caused a true and correct copy of the
`
`
`
`
`
`foregoing document:
`
` PATENT OWNER’S ELECTION TO WAIVE ITS PRELIMINARY
`RESPONSE
` Exhibits 2001-2002
`
`to be served via email on the following attorneys of record for Petitioner:
`
` Heidi L. Keefe (hkeefe@cooley.com; zpatdcdocketing@cooley.com)
`
` Andrew C. Mace (amace@cooley.com; zpatdcdocketing@cooley.com)
`
`/David L. Cavanaugh/
`David L. Cavanaugh
`Registration No. 36,476
`
`
`
`
`
`
`145181469v.1
`
`1
`
`
`
`
`
`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`Exhibit List for Inter Partes Review of U.S. Patent No. 6,321,229
`
`
`
`
`
`
`
`Exhibit #
`2001
`
`2002
`
`
`
`Exhibit Description
`Order Granting Defendant’s Motion for Summary Judgment of
`Invalidity
`Plaintiff Hewlett-Packard Company’s Proposed Claim
`Constructions in Support of HP’s Opposition to ServiceNow’s
`Motion for Summary Judgment of Invalidity under 35 U.S.C. §
`101
`
`
`
`145181469v.1
`
`1
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
