`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`MICRON TECHNOLOGY, INC., AND MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner
`_____________
`
`Case: IPR2015-01087
`U.S. Patent No. 6,057,221
`_____________
`
`
`
`MANDATORY NOTICE OF PATENT OWNER
`UNDER 37 C.F.R. § 42.8(a)(2)
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.8(a)(2), Massachusetts Institute of Technology
`
`(“Patent Owner”) provides the following disclosures as set forth in 37 C.F.R. §
`
`42.8(b)(1)-(4):
`
`I.
`
`
`
`37 C.F.R. § 42.8(b)(1) Disclosure
`
`Pursuant to 37 C.F.R. § 42.8(b)(1), Patent Owner identifies Massachusetts
`
`Institute of Technology as the real party-in-interest.
`
`II.
`
`
`
`37 C.F.R. § 42.8(b)(2) Disclosure
`
`Pursuant to 37 C.F.R. § 42.8(b)(2), Patent Owner identifies the following
`
`related matters:
`
`• Patent Owner has asserted infringement of U.S. Patent No. 6,057,221 (the
`
`“’221”) Patent against Petitioners in a lawsuit styled Massachusetts Institute
`
`of Technology v. Micron Technology, Inc. et al., No. 1:15-cv-10374;
`
`pending in the United States District Court, District of Massachusetts.
`
`• Patent Owner has asserted infringement of the ’221 Patent against Petitioner
`
`Micron Memory Japan, Inc. on October 31, 2012 as part of submitted
`
`reorganization claims and a petition for claim assessment in Case No.:
`
`Tokyo District Court Heisei 24 (Mi) No. 1, which litigation is currently
`
`pending in the 29th Division of Civil Affairs Department of Tokyo District
`
`Court as an objection litigation to the corporate reorganization procedure of
`
`Micron Memory Japan. The debtor reorganization proceedings in Japan
`1
`
`
`
`
`
`
`were recognized under Chapter 15 of the United States Bankruptcy Code in
`
`In re Elpida Memory, Inc., No. 12-10947 (CSS) in the United States
`
`Bankruptcy Court for the District of Delaware (the final report and motion to
`
`close the chapter 15 case were approved by the Court in an Order dated Nov.
`
`19, 2013).
`
`III. 37 C.F.R. § 42.8(b)(3) Disclosure
`
`
`
`Pursuant to 37 C.F.R. § 42.8(b)(3), Patent Owner identifies lead and back-up
`
`counsel as follows:
`
`Lead Counsel
`Steven J. Pollinger
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8702
`F: (512) 692-8744
`spollinger@mckoolsmith.com
`USPTO Registration No. 35,326
`
`
`Back-up Counsel
`Ramzi R. Khazen
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8743
`F: (512) 692-8744
`rkhazen@mckoolsmith.com
`USPTO Registration No. 55,810
`
`IV. 37 C.F.R. § 42.8(b)(4) Disclosure
`
`
`
`Pursuant to 37 C.F.R. § 42.8(b)(4), Patent Owner requests that all non-
`
`electronic correspondence be directed to lead counsel and back-up counsel at the
`
`above addresses. Patent Owner also consents to electronic service by email at
`
`01311-00004_IPR221@mckoolsmith.com.
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 26, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
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`
`
`
`Respectfully submitted,
`
`Patent Owner
`
`By: / Steven J. Pollinger /
`Steven J. Pollinger
`Registration No. 35,326
`T: (512) 692-8702
`F: (512) 692-8744
`spollinger@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`
`Ramzi R. Khazen
`Registration No. 55,810
`T: (512) 692-8743
`F: (512) 692-8744
`rkhazen@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`
`
`
`3
`
`
`
`Certification of Service Under 37 C.F.R. § 42.6(e)
`
`
`
`A copy of this MANDATORY NOTICE OF PATENT OWNER UNDER
`
`37 C.F.R. § 42.8(a)(2) has been served on Petitioner via Federal Express
`
`Overnight Delivery/Electronic Mail at the following correspondence address:
`
`David J. Cooperberg
`dcooperberg@kenyon.com
`Kenyon & Kenyon
`One Broadway
`New York, NY 10004-100
`Tel: (212) 908-6146
`Fax: (212) 425-5288
`
`
`By: / Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`T: (512) 692-8702
`F: (512) 692-8744
`spollinger@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`
`
`
`Dated: May 26, 2015
`
`
`
`
`
`
`
`
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