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BOREALIS AG
`Petitioner
`
`v.
`
`BERRY PLASTICS CORPORATION,
`Patent Owner
`___________________
`
`Case IPR2016-00564
`Patent 8,883,280
`Filed: February 12, 2016
`___________________
`
`
`
`
`
`
`154063152v.1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`PATENT OWNER UPDATED MANDATORY NOTICE INFORMATION
`UNDER 37 C.F.R. § 42.8(a)(3)
`
`

`
`
`
`Case IPR2016-00564
`Patent No. 8,883,280
`Docket No.: 2212049.00121US2
`
`
`
`
`I.
`
`Real Party-in-Interest
`
`No change.
`
`II. Related Matters
`In accordance with 37 C.F.R. §§ 42.8(a)(3) and 42.8(b)(2), Berry identifies the
`
`following related matters:
`
` On March 9, 2016, Patent Owner, Berry Plastics Corporation filed a statutory
`
`disclaimer in the U.S.P.T.O. disclaiming claims 1-14, 36-42, 44-48, 51-54, 61,
`
`62, 65, and 66 of U.S. Patent 8,883,280. A copy of the disclaimer and related
`
`documents is included herewith as Exhibit 2101.
`
` On March 22, 2016, in order to clarify the record and avoid any doubt
`
`regarding the effectiveness of the first disclaimer, Patent Owner, Berry Plastics
`
`Corporation filed a statutory disclaimer in the U.S.P.T.O. disclaiming claims 1-
`
`14, 36-42, 44-48, 51-54, 61, 62, 65, and 66 of U.S. Patent 8,883,280. A copy
`
`of the disclaimer and related documents is included herewith as Exhibit 2102.
`
`III. Counsel
`No change.
`
`
`154063152v.1
`
`2
`
`

`
`
`
`Case IPR2016-00564
`Patent No. 8,883,280
`Docket No.: 2212049.00121US2
`
`
`
`IV. Service Information
`No change.
`
`V.
`
`Preliminary Response
`
`Berry Plastics Corporation reserves the right to file a preliminary response at a
`
`later date.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
`
`associated with IPR 2016-00564 to its Deposit Account 080219.
`
`
`
`Respectfully Submitted,
`
` /John V. Hobgood/
`
`
`
`John V. Hobgood
`Registration No. 61,540
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`
`
`154063152v.1
`
`3
`
`

`
`Pursuant to 37 C.F.R. § 42.63(e) Patent Owner submits the following current
`
`Case IPR2016-00564
`Patent No. 8,883,280
`Docket No.: 2212049.00121US2
`
`
`
`Exhibit List and Exhibits 2101 and 2102.
`
`Exhibit
`2101
`
`2102
`
`Description
`Statutory disclaimer and related documents filed in U.S. Patent
`No. 8,883,280 on March 9, 2016
`Statutory disclaimer and related documents filed in U.S. Patent
`No. 8,883,280 on March 22, 2016
`
`
`
`
`154063152v.1
`
`4
`
`

`
`
`
`Certificate of Service
`
`Case IPR2016-00564
`Patent No. 8,883,280
`Docket No.: 2212049.00121US2
`
`I hereby certify that on March 23, 2016, I caused a true and correct copy of the
`
`foregoing materials:
`
`•
`
`Patent Owner Updated Mandatory Notice Information Under 37 C.F.R.
`
`§42.8(a)(3)
`
`Exhibit 2101
`
`Exhibit 2102
`
`•
`
`•
`
`
`
`to be served via email on the following attorneys for Petitioner:
`
`Mark J. Feldstein
`mark.feldstein@finnegan.com
`
`Joshua L. Goldberg
`joshua.goldberg@finnegan.com
`
`Hojung Cho
`hojung.cho@finnegan.com
`
`
` /John V. Hobgood/
`
`
`
`John V. Hobgood
`Registration No. 61,540
`
`5
`
`
`
`
`154063152v.1

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