Elm Exhibit 2115
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
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`

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`?J'18r‘2D16
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`period following the window to pay the maintenance fee with a request to
`waive the surcharge in 3? CFR 1.26(h), must mail the payment and request to:
`Director of the United States Patent and Trademark office, Attn: Maintenance
`Fee, 2651 Jamieson Avenue, Suite 366, Alexandria, VA 22314; or via facsimile
`to:
`571-273-6566.
`
`The request must be made by using form PTO/SB/425 (when available) or by
`making a request accompanied by a copy of this notice. The inclusion of a
`copy of this notice with the payment of the maintenance fee during the grace
`period will be treated as a representation that the late payment of the fee
`was due to the effects of the earthquake and tsunami of March 11, 2611, and
`as a request for sua sponte waiver of the surcharge under 37 CFR 1.26(h).
`This waiver may only be appropriately requested where the original window of
`time to pay the maintenance fee without the surcharge required by 37 CFR
`1.26(h) expired on or after March 11, 2611, and the delay in paying the fee
`was due to the effects of the earthquake and tsunami of March 11, 2611.
`
`The USPTO advises patentees who need to file a petition to accept a
`
`Top ofNotic§§ (50) December US PATENT AND TRADEMARK 1421 CNOG 88 r 9, 2015
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`OFFICE
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`delayed maintenance fee payment due to the effects of the earthquake and
`tsunami of March 11, 2611, where the maintenance fee payment was required to
`have been paid after March 16, 2611,
`to promptly file a petition under 37 CFR
`1.378(c)
`(using USPTO form PTO/SB/66 - Petition to Accept Unintentionally
`Delayed Payment of Maintenance Fee in an Expired Patent
`(37 CFR 1.378(c))
`accompanied by the applicable maintenance fee payment (but not the surcharge
`under 37 CFR 1.26(i)) and either a copy of this notice or form PTO/SB/425.
`The inclusion of a copy of this notice will be treated as a representation
`that the delay in payment of the maintenance fee was due to the effects of
`the earthquake and resulting tsunami of March 11, 2611, and as a request for
`sua sponte waiver of the surcharge under 37 CFR 1.26(i). The petition must
`filed by March 11, 2612,
`in order to be entitled to a waiver of the surcharge
`under 37 CFR 1.26(i).
`
`Patentees are reminded that a petition to accept a delayed maintenance fee
`payment under 37 CFR 1.378(c) must be filed within twenty-four months from
`the expiration date of the patent. See 35 U.S.C 41(c). A petition to accept a
`delayed maintenance fee payment filed later than twenty—four months after the
`expiration date of the patent must be filed under 37 CFR 1.378(b) and include
`a showing that the delay in payment was unavoidable. A petition to accept a
`delayed maintenance fee payment due to the effects of the earthquake and
`tsunami may be submitted via EFS—web or by mail directed to Mail Stop
`Petition, Commissioner for Patents, P.0. Box 1456, Alexandria, VA 22313-1456.
`
`For applicants who file a nonprovisional application on or after March 11,
`2611, and prior to April 12, 2611, without an executed oath or declaration or
`payment of the basic filing fee, search fee, and/or examination fee due to
`the earthquake and tsunami of March 11, 2611,
`the USPTO will waive the
`surcharge set forth in 37 CFR 1.16(f) for the late filing of the oath or
`declaration or basic filing fee, search fee, and/or examination fee. Patent
`applicants seeking waiver of the surcharge must
`include either form
`PTO/SB/425 or a copy of this notice, along with the executed oath or
`declaration or the basic filing fee, search fee, or examination fee. The
`inclusion of a copy of this notice will be treated as a representation that
`the late filing of the oath or declaration or the basic filing fee, search
`fee, or examination fee was due to the effects of the earthquake and tsunami
`of March 11, 2611, and as a request for sua sponte waiver of the surcharge
`
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`Elm Exhibit 2115, Page 2
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`21812016
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`under 37 CFR 1.16(f). The reply to the Notice to File Missing Parts requiring
`the oath or declaration or the filing fees may be submitted via EFS-web or by
`mail directed to Mail Stop Missing Parts, Commissioner for Patents, P.0. Box
`1458, Alexandria, vA 22313-1459.
`
`Patent-related inquiries concerning this notice may be directed to the
`Office of Patent Legal Administration at (571) 272-7764 ((571) 272-7763 for
`reexamination), or by e-mail at PatentPractice@uspto.gov.
`
`For trademark applications and registrations with a correspondence or
`owner address in areas of Japan affected by the earthquake and tsunami as of
`March 11, 2311,
`in which a an Office action (final, non—final, or other), a
`notice of allowance, or other Office notice requiring a response (hereinafter
`collectively referred to as "Office communication“)
`is outstanding,
`the USPTO
`will, upon request, withdraw the Office communication and reissue it. The
`request must be made prior to the deadline for responding to the Office
`communication, and indicate that the need for the reissuance of the Office
`communication is due to the effects of the earthquake and resulting tsunami
`of March 11, 2611. The request should be sent via e—mail to
`TMFeedback@uspto.gov or by mail to Commissioner for Trademarks, P.0. Box
`1451, Alexandria, VA 22313-1451. If necessary, changes of correspondence
`address should be provided.
`
`For trademark applications and registrations with a correspondence or
`owner address in areas of Japan affected by the earthquake and tsunami as of
`March 11, 2811, that were abandoned or cancelled due to inability to timely
`respond to a trademark-related office communication due to the effects of the
`earthquake and resulting tsunami on March 11, 2611,
`the USPTO will waive the
`petition fee (set by regulation, rather than statute) to revive the abandoned
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`Top of Notices (50) December US PATENT AND TRADEMARK
`9,2015
`OFFICE
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`1421 CNOG 39
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`application or cancelled registration. Either a petition by regular mail to
`the address set forth in the preceding paragraph, or the Trademark Electronic
`Application System (TEAS) "Request for Reinstatement” form should be used,
`and must include a verified statement that the failure to respond to the
`Office communication was due to the effects of the earthquake and resulting
`tsunami.
`
`Trademark—related inquiries concerning this notice may be directed to the
`Trademark Office of Petitions by telephone at
`(571) 272-8959, by facsimile at
`(571) 273-8956, or by e-mail at TMFeedback@uspto.gov.
`
`The USPTO cannot grant waivers or extensions of dates or requirements set
`by statute. For example,
`the following patent-related time periods cannot be
`extended by the Director:
`(1) the period set forth in 35 U.S.C. 119(a)—(d) to
`file a nonprovisional patent application claiming the benefit of a prior-
`filed foreign application;
`(2) the twelve-month time period set forth in 35
`U.S.C. 119(e) during which a nonprovisional application claiming the benefit
`of a prior filed provisional application must be filed in order to obtain
`benefit of the provisional application's filing date;
`(3) the copendency
`requirement of 35 U.S.C. 126 between a parent application which issues as a
`patent and a later filed child application, which requires that the child
`application be filed prior to issuance of the parent application,‘
`(4) the
`three-month time period to pay the issue fee set forth in 35 U.S.C. 151;
`(5) the 35 U.5.C. 384 two-month time period from the date of patentee
`service, for a requester to file, in an ex parte reexamination, a reply to a
`statement filed by the patentee; and (6) the 35 u.s.c. 314(b)(2) thirty-day
`
`3M
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`Elm Exhibit 2115, Page 3
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`2J'18f2O16
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`in an inter
`time period from the date of service, for a requester to file,
`partes reexamination, written comments addressing issues raised by an office
`action or the patentee's response to the action. The following statutory
`trademark-related time periods cannot be extended and statutory fees cannot
`be waived by the Director:
`(1) the 36-month period set forth in 15 U.S.C.
`1e51(d) within which a statement of use must be filed and the associated
`fee(s);
`(2) the periods set forth in 15 U.S.C. 1658, 1141(k) for filing
`affidavits of continued use or excusable nonuse and the associated fee(s);
`(3) the period set forth in 15 U.S.C. 1659 for filing a renewal and the
`associated fee(s); and (4) the periods set forth in 15 U.S.C. 1063 and 1664
`for filing an opposition or cancellation proceeding at the Trademark Trial
`and Appeal Board.
`
`Under Secretary of Commerce for Intellectual Property and
`Director of the United States Patent and Trademark Office
`
`DAVID J. KAPPOS
`
`[1365 06 178]
`
`44'-'4
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`Elm Exhibit 2115, Page 4