`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`L’OREAL USA, INC.
`Petitioner
`
`v.
`
`UNIVERSITY OF MASSACHUSETTS
`Patent Owner
`
`
`
`
`IPR2018-00779
`Patent No. 6,645,513
`
`
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR
`DISTRICT COURT-TYPE CLAIM CONSTRUCTION
`IN ACCORDANCE WITH 37 C.F.R. § 42.100(b)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`AUTHORIZATION AND RELIEF REQUESTED
`
`Patent Owner University of Massachusetts requests, pursuant to 37 C.F.R. §
`
`42.100(b), that a district court-type claim construction provided by Phillips v.
`
`AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) be applied in this proceeding.
`
`On April 13, 2018, Petitioner’s counsel indicated that Petitioner does not
`
`oppose this Motion. This Motion is being timely filed subsequent to Petitioner’s
`
`purported service of the Petition on March 20, 2018.
`
`On April 13, 2018, by email, the Board authorized the filing of this Motion.
`
`II. CERTIFICATION
`
`Patent Owner certifies that U.S. Patent No. 6,645,513 (the “’513 Patent”)
`
`will expire within 18 months from entry of the Notice of Filing Date Accorded to
`
`Petition. The Notice of Filing Date Accorded to Petition, Paper 3, was entered on
`
`April 4, 2018. The ’513 Patent expires on October 26, 2018.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`Dated: April 19, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Matthew A. Ambros/
`Matthew B. Lowrie, Lead Counsel
`(Reg. No. 38,228)
`Matthew A. Ambros, Back-up Counsel
`(Reg. No. 74,005)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Boston, Massachusetts 02199
`Telephone: (617) 342-4000
`Fax: (617) 342-4001
`
`Stephen B. Maebius, Back-up Counsel
`(Reg. No. 35,264)
`FOLEY & LARDNER LLP
`3000 K St. NW, Suite 600
`Washington, DC 20007
`Telephone: (202) 672-5569
`Fax: (202) 672-5399
`
`mlowrie@foley.com
`smaebius@foley.com
`mambros@foley.com
`
`Counsel for Patent Owner
`University of Massachusetts
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 CFR §§42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on April 19, 2018, a complete and entire copy of the foregoing PATENT
`
`OWNER’S UNOPPOSED MOTION FOR DISTRICT COURT-TYPE CLAIM
`
`CONSTRUCTION IN ACCORDANCE WITH 37 C.F.R. § 42.100(b) was filed
`
`with the Patent Trial and Appeal Board through the Board’s E2E system and
`
`provided via email to the Petitioner as follows:
`
`Michelle E. O’Brien
`Timothy J. Murphy
`Joanna Cohn
`THE MARBURY LAW GROUP
`11800 Sunrise Valle Drive
`15th Floor
`Reston, VA 20191
`Telephone: (703) 391-2900
`Fax: (703) 391-2901
`
`mobrien@marburylaw.com
`tjmurphy@marburylaw.com
`jcohn@marburylaw.com
`327IPR@marburylaw.com
`
`
`
`
`
`
`
`
`
`/Matthew A. Ambros/
`Matthew A. Ambros, Back-up Counsel
`(Reg. No. 74,005)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Boston, Massachusetts 02199
`Telephone: (617) 342-4000
`Fax: (617) 342-4001
`
`3
`
`
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
