`
`From: Jonathan Baker [mailto:JBaker@farneydaniels.com]
`Sent: Thursday, July 06, 2017 7:57 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: RPritzker‐PTAB@wolfgreenfield.com; MRader‐PTAB@wolfgreenfield.com; ATibbetts‐PTAB@wolfgreenfield.com; CreativeZen
`<CreativeZen@farneydaniels.com>
`Subject: Sony v. Creative, IPR2016‐01407 ‐ Motion to Dismiss
`
`To the Members of the Board:
`
`Pursuant to 37 C.F.R. § 42.20(b), Patent Owner Creative Technology Ltd. seeks authorization to file a motion to dismiss for lack of jurisdiction on the basis that
`the inter partes review procedure violates Article III and the Seventh Amendment of the Constitution by extinguishing private property rights through a non‐
`Article III forum without a jury. Patent Owner acknowledges that such argument is foreclosed under existing Federal Circuit precedent but hereby formally
`preserves this issue in light of the Supreme Court’s recent grant of certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, Docket No. 16‐
`712, 2017 U.S. LEXIS 3727, 85 U.S.L.W. 3578 (2017).
`
`Counsel for Patent Owner has conferred with counsel for Petitioner, who opposes this motion.
`
`If necessary, the parties are available for a call with the Board on the following dates and times:
`Friday, 7/7: 3‐5pm Eastern
`
` Wednesday, 7/12: 3‐5 pm Eastern
`
`Respectfully,
`
`Jonathan D. Baker
`Counsel for Patent Owner, Creative Technology Ltd.
`
`Jonathan D. Baker
`FARNEY DANIELS PC
`411 Borel Avenue, Suite 310
`San Mateo, CA 94402
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`Fax: 512‐582‐2829
`Email: jbaker@farneydaniels.com
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