`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`ROBERT BOSCH LLC AND DAIMLER AG,
`Petitioners
`v.
` ORBITAL AUSTRALIA PTY LTD
`F/K/A ORBITAL ENGINE COMPANY (AUSTRALIA) PTY. LTD.,
`
`Patent Owner
`_________________
`Case No. IPR2015-01258
`U.S. Patent 5,655,365
`_________________
`
`NOTICE REGARDING SERVICE
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`In response to the Board’s request for an explanation regarding the address of
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`service of the petition, Petitioners submit the following statement.
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`On June 16, 2015, Petitioners filed the petition and served it, along with the
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`associated Powers of Attorney and Exhibits on the Patent Owner at the
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`correspondence address of record listed on Public PAIR:
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`Charles Marmelstein
`Robert Murray, Jr.
`George Oram, Jr.
`Nikaido Marmelstein Murray & Oram
`655 15th Street, NW, Suite 330
`Metropolitan Square, G Street Lobby
`Washington, DC 20005
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`See Ex. 1012 at ¶ 2 (citing Appendices A and B). Service, however, could not be
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`completed, as it was returned as “Incorrect Address - Recipient Moved.” Ex. 1012 at
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`¶ 5 (citing Appendix D); see also id. at ¶ 7 (citing Appendix B).
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`On June 17, 2015, Petitioners attempted again to properly serve the Patent
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`Owner, by forwarding the service documents to Mr. Kevin C. Brown, the attorney
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`who signed the issue fee transmittal for the ’365 patent, at the following address:
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`Kevin C. Brown
`Burr & Brown, Attorneys at Law
`101 South Salina Street
`Seventh Floor
`Syracuse, NY 13202
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`Ex. 1012 at ¶ 5 (citing Appendix E). However, Mr. Brown returned service, claiming
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`that he “left the firm of Nikaido Marmelstein Murray & Oram in 1998, and [does]
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`not represent Orbital Engine Company PTY., Ltd.” Ex. 1012 at ¶ 6 (citing Appendix
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`F).
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`Additionally, to ensure that the Patent Owner was properly served and received
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`notice of the pending IPR Petition against the ’365 patent, Petitioner also served
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`copies of the petition, associated Power of Attorney documents, and Exhibits on
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`Patent Owner’s litigation counsel on June 16, 2015 at the following address:
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`Gregory D. Len
`Pepper Hamilton LLP
`19th Floor, High Street Tower
`125 High Street
`Boston, MA 02110-2736
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`Ex. 1012 at ¶ 3 (citing Appendix C).
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`Patent Owner, therefore, was properly served, at least by virtue of service
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`effectuated on Gregory D. Len, litigation counsel for Orbital Australia Pty. Ltd.
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`Although the Certificate of Service on the Petition for Inter Partes Review itself
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`listed an incorrect address, this was merely a clerical error. Service was properly
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`attempted on Patent Owner at the correspondence address of record for the ’365
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`patent listed on Public Pair. Ex. 1012 at ¶¶ 2, 8.
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`Respectfully submitted,
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`By: /Lionel M. Lavenue/
`Lionel M. Lavenue, Lead Counsel
`Reg. No. 46,859
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`Dated: July 7, 2015
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing NOTICE
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`REGARDING SERVICE was served on July 7, 2015, via email directed to counsel
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`of record for the Patent Owner at the following:
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`David M. Magee
`mageed@pepperlaw.com
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`Andrew W. Schultz
`schultza@pepperlaw.com
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`/Ashley F. Cheung/
`Ashley F. Cheung
`Case Manager
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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