`571-272-7822
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`Paper No. 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NINTENDO OF AMERICA, INC. and NINTENDO CO., LTD.,
`Petitioner,
`
`v.
`
`BABBAGE HOLDINGS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00568
`Patent 5,561,811
`____________
`
`Mailed: February 3, 2015
`
`Before Breck A. Reitter, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of January 14, 2015.
`
`
`
`Case IPR2015-00568
`Patent 5,561,811
`
`
`A review of the petition identified the following defect(s):
`Improper usages of claim charts: The rules require that a petition
`identify how the challenged claims are to be construed and how the claims
`are unpatentable under the statutory grounds raised. This information is to
`be provided pursuant to the page limit requirements, which require double
`spacing. Additionally, the rules require that the petition specify where each
`element of a challenged claim is to be found in the prior art. The element by
`element showing may be provided in a claim chart, which is permitted to be
`written with single spacing. See 37 C.F.R. § 42.6(a)(2)(iii). Placing one’s
`argument and claim construction in a claim chart to circumvent the double
`spacing requirement is not permitted. The italicized text in the claim charts
`of the instant Petition constitutes argument.
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
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`Case IPR2015-00568
`Patent 5,561,811
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`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Breck A. Reitter at 571-272-5866 or the Patent Trial and Appeal Board at
`571-272-7822.
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`Case IPR2015-00568
`Patent 5,561,811
`
`PETITIONER:
`Joseph S. Presta
`Robert W. Faris
`Nixon & Vanderhye, P.C.
`jsp@nixonvan.com
`rwf@nixonvan.com
`
`PATENT OWNER:
`Rosen, Dainow & Jacobs
`489 Fifth Avenue
`New York, NY 10017
`Anthony Garza
`Charhon, Callahan, Robson & Garza, PLLC
`3333 Lee Parkway, Suite 460
`Dallas, TX 75219
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