`U.S. Patent No. 6,233,181
`
`Paper No. 10
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`MICRON TECHNOLOGY, INC.
`
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC
`
`Patent Owner
`
`Case IPR2016-00096
`U.S. Patent No. 6,233,181
`
`NOTICE REGARDING FILING OF DISCLAIMER OF CLAIMS IN
`A PATENT UNDER 37 C.F.R. § 1.321(a)
`
`
`
`IPR2016-00096
`U.S. Patent No. 6,233,181
`
`Paper No. 10
`
`Patent Owner Limestone Memory Systems LLC (“LMS”) hereby
`
`provides notice to the Board that a Disclaimer In Patent Under 37 C.F.R. §
`
`1.321(a) was electronically filed in connection with U.S. Patent No.
`
`6,233,181 (‘181 patent) on July 22, 2016, disclaiming claims 1, 2, 4, 6 and
`
`7 of the '181 patent, which include all of the claims at issue in the instant
`
`inter partes review. A copy of the filed Disclaimer In Patent Under 37
`
`C.F.R. § 1.321(a) is submitted as Exhibit 2002.
`
`Under 37 C.F.R. § 42.73(b), a party before the PTAB may request
`
`judgment against itself at any time during a proceeding. Actions construed to
`
`be a request for adverse judgment include disclaimer of a claim such that the
`
`party has no remaining claim in the trial. See 37 C.F.R. § 42.73(b)(2). As all
`
`the claims of the '181 patent for which trial was instituted have been
`
`disclaimed, LMS has no remaining claims in this inter partes review.
`
`Accordingly, Patent Owner hereby requests judgment against itself
`
`under 37 C.F.R. § 42.73(b)(2), with respect to claims 1, 2, 4, 6 and 7 of the
`
`'181 patent.
`
`1
`
`
`
`IPR2016-00096
`U.S. Patent No. 6,233,181
`
`Paper No. 10
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
`
`By: /Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`ntpete@fitcheven.com
`
`Dated: July 22, 2016
`
`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`
`2
`
`
`
`IPR2016-00096
`U.S. Patent No. 6,233,181
`
`Paper No. 10
`
`
`
` CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a true
`
`copy of the foregoing NOTICE REGARDING FILING OF DISCLAIMER OF
`
`CLAIMS IN A PATENT UNDER 37 C.F.R. § 1.321(a) was served this 22th day of
`
`July, 2016, by e-mail upon the following:
`
`Jeremy J. Lang
`Reg. No. 73,604
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`jason.lang@weil.com
`(650) 802-3237
`
`Justin L. Constant
`Reg. No. 66,883
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Justin.constant@weil.com
`(713) 546-5217
`
`Petitioner has consented to service by electronic means.
`
`Respectfully submitted,
`FITCH EVEN TABIN & FLANNERY LLP
`
`By: /Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`ntpete@fitcheven.com
`
`Dated: July 22, 2016
`
`120 South LaSalle Street
`Suite 1600
`Chicago, Illinois 60603
`(312) 577-7000
`(312) 577-7007 (fax)
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