`Inter Partes Review Of
`Patent No. 8,309,375
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`--------------------------
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`--------------------------
`
`VIZIO, INC.,
`Petitioner,
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner.
`
`--------------------------
`
`Case IPR2017-00558
`Patent No. 8,309,375
`
`--------------------------
`
`
`
`PATENT OWNER’S MOTION AND CERTIFICATION
`UNDER 37 C.F.R. § 42.100(b) REQUESTING EXPIRED
`PATENT CLAIM CONSTRUCTION
`
`
`
`
`
`
`
`
`
`
`
`Notice of Request for Relief
`
`Case IPR2017-00558
`Inter Partes Review Of
`Patent No. 8,309,375
`
`Patentee moves for a district court-type claim construction under 37 C.F.R.
`
`§ 42.100(b), which provides:
`
`A claim in an unexpired patent that will not expire before a final
`written decision is issued shall be given its broadest reasonable con-
`struction in light of the specification of the patent in which it appears.
`A party may request a district court-type claim construction approach
`to be applied if a party certifies that the involved patent will expire
`within 18 months from the entry of the Notice of Filing Date Ac-
`corded to Petition. The request, accompanied by a party’s certifica-
`tion, must be made in the form of a motion under §42.20, within 30
`days from the filing of the petition.
`
`
`
`
`1. The patent subject to the pending petition, U.S. Patent No. 8,309,375 (“the ’375
`
`Material Facts
`
`patent”), will expire within 18 months from the entry of the Notice of Filing
`
`Date Accorded to Petition, which notice was entered on January 19, 2017.
`
`2. This motion is being filed within 30 days from the filing of the petition, which
`
`occurred on December 30, 2016.
`
`Certification
`
`Patentee hereby certifies, through the undersigned signature of its counsel,
`
`that the ’375 patent will expire on July 29, 2017.
`
`
`
`2
`
`
`
`
`
`Case IPR2017-00558
`Inter Partes Review Of
`Patent No. 8,309,375
`
`Requested Relief
`
`Patentee respectfully submits that the requirements of 37 C.F.R. § 42.100(b)
`
`
`
`
`
`are met. Accordingly, Patentee requests that the Board grant this motion and apply
`
`a district court-type claim construction in any instituted IPR proceeding.
`
`
`Dated: January 30, 2017
`
`Respectfully submitted,
`
`
`
`
`
`
`/s/ David E. Cole
`David E. Cole (Reg. No. 73,084)
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`2001 K Street, NW
`Washington, D.C. 20006-1047
`Tel.: (202) 223-7300
`Fax: (202) 223-7420
`dcole@paulweiss.com
`
`Counsel for Patent Owner
`Nichia Corporation
`
`3
`
`
`
`
`
`Case IPR2017-00558
`Inter Partes Review Of
`Patent No. 8,309,375
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on January 30, 2017, a true and
`
`correct copy of the foregoing PATENT OWNER’S MOTION AND
`
`CERTIFICATION UNDER 37 C.F.R. § 42.100(b) REQUESTING EXPIRED
`
`PATENT CLAIM CONSTRUCTION was served by Priority Mail Express on the
`
`following counsel of record for VIZIO, Inc.:
`
`Nathan Y. Zhang, Esq.
`White & Case LLP
`3000 El Camino Real
`5 Palo Alto Square, 9th Floor
`Palo Alto, California 94306
`
`By,
`
`
`
`
`
`
`/s/ David E. Cole
`David E. Cole (Reg. No. 73,084)
`PAUL, WEISS, RIFKIND, WHARTON &
`GARRISON LLP
`2001 K Street, NW
`Washington, D.C. 20006-1047
`Tel.: (202) 223-7300
`Fax: (202) 223-7420
`dcole@paulweiss.com
`
`Counsel for Patent Owner
`Nichia Corporation
`
`
`4
`
`David M. Tennant, Esq.
`White & Case LLP
`701 Thirteenth Street, NW
`Washington, D.C. 20005-3807
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
