`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.;
`MICRON TECHNOLOGY, INC.; and
`SK HYNIX INC.
`Petitioner
`
`v.
`
`ELM 3DS INNOVATIONS, LLC
`Patent Owner
`
`____________________
`
`Case No. IPR2016-00387
`U.S. Patent No. 8,841,778
`____________________
`
`PETITIONER’S UPDATED MANDATORY NOTICES
`
`
`
`Pursuant to 37 C.F.R. § 42.8, Petitioner hereby submits the following
`
`Case No. IPR2016-00387
`Patent No. 8,841,778
`
`updated mandatory notices.
`
`Related Matters
`
`Petitioner provides the following updated identification of judicial and
`
`administrative matters that could affect, or be affected by, a decision in this
`
`proceeding as required by 37 C.F.R. § 42.8(b)(2):
`
`On August 12, 2016, Patent Owner Elm 3DS Innovations, LLC filed a
`
`Complaint in the United States District Court for the Eastern District of Virginia
`
`(Ex. 1068, Complaint) against Michelle K. Lee, in her capacity as Undersecretary
`
`of Commerce of Intellectual Property and Director of the United States Patent and
`
`Trademark Office, and
`
`the United States Patent and Trademark Office
`
`(“Defendants”) alleging that Director Lee’s decision to consider December 22-24,
`
`2015, to be a Federal holiday within the District of Columbia is “arbitrary,
`
`capricious, an abuse of discretion, in excess of authority, and not in accordance
`
`with law.” Ex. 1068, ¶ 3. In the Complaint, Patent Owner requests the court
`
`“declare, decree, and adjudge” that the decision “is unlawful and legally void, set it
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`aside, and enjoin Defendants from continuing to apply, enforce, or rely on it, or
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`from maintaining any action based on it.” Id., ¶ 5. The Complaint specifically
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`identifies the above-captioned proceeding (and other related proceedings) as an
`
`action that Defendants should be enjoined from maintaining. Id., ¶¶ 38, 52.
`
`
`
`1
`
`
`
`Case No. IPR2016-00387
`Patent No. 8,841,778
`
`Patent Owner has asserted the ’778 patent against Petitioner in Elm 3DS
`
`Innovations, LLC v. Samsung Elecs. Co., No. 1:14-cv-01430 (D. Del.); Elm 3DS
`
`Innovations, LLC v. Micron Tech., Inc., No. 1:14-cv-01431 (D. Del.); and Elm 3DS
`
`Innovations, LLC v. SK hynix Inc., No. 1:14-cv-01432 (D. Del.). Patent Owner has
`
`also asserted related U.S. Patent Nos. 7,193,239; 7,474,004; 7,504,732; 8,035,233;
`
`8,410,617; 8,928,119; 8,791,581; 8,796,862; 8,653,672; 8,907,499; 8,629,542; and
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`8,933,570 in these actions.
`
`Petitioner has requested inter partes review of the following related patents:
`
`7,193,239 (IPR2016-00388 and IPR2016-00393); 7,504,732 (IPR2016-00395);
`
`8,629,542 (IPR2016-00390); 8,035,233 (IPR2016-00389); 8,410,617 (IPR2016-
`
`00394); 8,796,862 (IPR2016-00391); 8,653,672 (IPR2016-00386); 8,928,119
`
`(IPR2016-00687); 7,474,004 (IPR2016-00691); 8,791,581 (IPR2016-00703 and
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`IPR2016-00706); 8,907,499 (IPR2016-00708 and IPR2016-00770); and 8,933,570
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`(IPR2016-00786).
`
`
`
`Dated: August 25, 2016
`
`Respectfully submitted,
`
`By: /Naveen Modi/
`Naveen Modi
`Reg. No. 46,224
`Counsel for Petitioner
`
`
`
`
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 25, 2016, a true and correct copy of the
`
`foregoing was caused to be served electronically on the following counsel of
`
`record for Patent Owner at the following email addresses:
`
`Cyrus A. Morton, Reg. No. 44,954
`cmorton@robinskaplan.com
`Kelsey J. Thorkelson, Reg. No. 73,130
`kthorkelson@robinskaplan.com
`Samuel L. Walling (Pro Hac Vice)
`SWalling@RobinsKaplan.com
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402-2015
`Tel.: (612) 349-8500
`Fax: (612) 339-4181
`
`James Carmichael, Reg. No. 45,306
`jim@carmichaelip.com
`CARMICHAEL IP, PLLC
`8000 Towers Crescent Drive, 13th Floor
`Tysons Corner, VA 22182
`Tel.: (703) 646-9250
`
`
`
`
`/Naveen Modi/
`Naveen Modi (Reg. No. 46,224)
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