Addressto:
`Mail Stop Ex Parte Reexam
`Commissionerfor Patents
`P.O. Box 1450
`Date; 05-16-2018
`Alexandria, VA 22313-1450
`This is a request for ex parfe reexamination pursuant to 37 CFR 1.510 of patent number 9104842
`issued 98-11-2015
`. The requestis made by:
`
`[] patent owner. third party requester.
`2. [¥ |The name and address of the person requesting reexaminationis:
`Fisch Sigler LLP
`5301 Wisconsin Avenue, NW, Fourth Floor
`
`Attorney Docket No.:
`
`1.
`
`PTO/SB/57 (09-16)
`Approved for use through 09/30/2018. OMB 0651-0064.
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unlessit displays a valid OMB control number.
`(Also referred to as FORM PTO-1465)
`REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FORM
`
`publications is included. [Page 1 of 2]
`
`Washington, DC 20015
`
`Requester asserts [_|small entity status (37 CFR 1.27) or [_] certifies micro entity status (37 CFR 1.29). Only a
`patent owner requester can certify micro entity status. Form PTO/SB/15A or B must be attached to certify micro
`entity status.
`4.[] a. Acheck in the amountof $ is enclosed to cover the reexamination fee, 37 CFR 1.20(c)(1);
`
`[] b. The Director is hereby authorized to charge the fee as set forth in 37 CFR 1.20(c)(1)
`to Deposit Account No.
`:
`
`c.
`
`d.
`
`Paymentby credit card. Form PTO-2038is attached; or
`
`Payment made via EFS-Web.
`
`5.
`
`Any refund should be made by [¥] check or [_|credit to Deposit Account No.
`37 CFR 1.26(c). If payment is made by credit card, refund mustbe to credit card account.
`
`6.
`
`A copy of the patent to be reexamined having a double column format on one side of a separate paperis
`enclosed. 37 CFR 1.510(b)(4).
`7.[] CD-ROM or CD-Rin duplicate, Computer Program (Appendix) or large table
`| Landscape Table on CD
`8.[] Nucleotide and/or Amino Acid Sequence Submission
`If applicable, items a. — c. are required.
`
`a.[-] Computer Readable Form (CRF)
`b. Specification SequenceListing on:
`
`i. [.) CD-ROM (2 copies) or CD-R (2 copies); or
`i. paper
`c.[_] Statementsverifying identity of above copies
`9g.[] A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included.
`10.
`Reexamination of claim(s) 11, 12, 13, and 14
`is requested.
`
`A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on
`Form PTO/SB/08, PTO-1449, or equivalent.
`12.[] An English language translation of all necessary and pertinent non-English language patents and/or printed
`
`11.
`
`This collection of information is required by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public whichis to file (and by the USPTO
`to process) a request for reexamination. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 18 minutes to
`complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Mail Stop Ex Parte Reexam, Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`if you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0001
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0001
`
`

`

`PTO/SB/57 (09-16)
`Approved for use through 09/30/2018. OMB 0651-0064.
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of infarmation unless it displays a valid OMB control number.
`
`13.
`
`The attached detailed request includes at least the following items:
`
`a. Astatementidentifying each substantial new question of patentability based on prior patents and printed
`publications. 37 CFR 1.510(b)(1).
`
`
`
`b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency
`and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.510(b)(2).
`. [| A proposed amendmentis included (only where the patent owneris the requester). 37 CFR 1.510(e).
`. [v|It is certified that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) do not prohibit
`requester from filing this ex parte reexamination request. 37 CFR 1.510(b)(6).
`. [v|a. It is certified that a copy of this request(if filed by other than the patent owner) has been servedin its entirety on
`the patent owneras provided in 37 CFR 1.33(c).
`The name and addressof the party served and the date of service are:
`Wistaria Trading LTD
`Clarendon House, 2 Church Street, Hamilton HM 11, Bermuda
`- or
`Date of Service: May 16, 2018
`[| b. A duplicate copy is enclosed since service on patent owner was not possible. An explanation of the efforts
`made to serve patent owner is attached. See MPEP 2220.
`
`17. Correspondence Address: Direct all communication about the reexamination to:
`
`[] The address associated with Customer Number: fo
`
`OR
`
`For Third Party Requester [Page 2 of 2]
`
`The patentis currently the subject of the following concurrent proceeding(s):
`[_] a. Copending reissue Application No.
`[_] b. Copending reexamination Control No.
`_] c. Copending Interference No.
`d.
`Copendinglitigation styled:
`Blue Spike, LLC v. Juniper Networks, Inc., 6:17-cv-00016-KNM (ED. Tex. 2017)
`
`.
`:
`Firm or
`Individual Name Fisch Sigler, LLP
`
`Address
`
`
`City
`Washington
`Country
`United States
`Telephone
`(202) 362-3524
`
`Email
`Joe.Edell@fischllp.com
`
`18.
`
`WARNING: Information on this form may becomepublic. Credit card information should not be
`included on this form. Provide credit card information and authorization on PTO-2038.
`
`/Joseph F. Edell/
`
`JosephF. Edell
`
`Authorized Signature
`
`Typed/Printed Name
`
`05-16-2018
`Date
`
`67,625
`Registration No.
`
`(-] For Patent Owner Requester
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0002
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0002
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
`the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
`furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
`U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
`patent.
`If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or abandonment of the
`application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`4.
`
`7.
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (6 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
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`2. Arecord from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal,
`including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. Arecord in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`the Member with respect to the subject matter of the record.
`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use,
`to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(c)).
`to the Administrator, General
`A record from this system of records may be disclosed, as a routine use,
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
`responsibility to recommend improvements in records managementpractices and programs, under authority of
`44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing
`inspection of records for this purpose, and any other relevant (/.e., GSA or Commerce) directive.
`Such
`disclosure shall not be used to make determinations about individuals.
`8 Arecord from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record
`wasfiled in an application which became abandoned or in which the proceedings were terminated and which
`application is referenced by either a published application, an application open to public inspection or an issued
`patent.
`9. A-record from this system of records may be disclosed, as a routine use, to a Federal, State, or local
`enforcement agency,if the USPTO becomes awareof a violation or potential violation of law or regulation.
`
`law
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0003
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0003
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`United States Patent No.: 9,104,842
`Inventors:
`Scott A. Moskowitz
`Formerly Application No.: 11/895,388
`Issue Date:
`August 11, 2015
`Filing Date: August 24, 2007
`Former Examiner: Izzuna Okeke
`Former Group Art Unit: 2497
`
`For: DATA PROTECTION METHOD AND DEVICE
`
`MAIL STOP EX PARTE REEXAM
`Central Reexamination Unit
`Office of Patent Legal Administration
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`CERTIFICATE OF SERVICE
`
`It is certified that, pursuant to 37 C.F.R. § 1.510(b)(5), copies of the following documents
`have been servedin their entireties on the patent ownerat the correspondenceaddress of record
`as provide for in 37 C.F.R. § 1.33(c):
`
`1. Request for Ex Parte Reexamination of U.S. Patent No. 9,104,842 Transmittal Form,
`PTO/SB/57.
`
`2. Request for Ex Parte Reexamination of U.S. Patent No. 9,104,842 Pursuant to 35 U.S.C. §
`302 and 37 C.F.R. § 1.510 and accompanying exhibits:
`
`Exhibit 1
`
`U.S. Patent No. 9,104,842 (“the ‘842 patent”)
`
`Exhibit2—File History of U.S. Patent No. 9,104,842 (‘the ’842 Prosecution History”)
`(other than the prior art of record) (consecutive page numbers addedfor ease of
`citation)
`
`Prior Art
`
`Exhibit3
`
`U.S. Patent No. 5,933,497 (“Beetcher’’)
`
`Exhibit4=JP Patent No. 05-334702 (“Bectcher”)
`
`Exhibit6—International Application No. WO9,726,732 (“Cooperman”)
`
`Exhibit5
`
`JP Patent No. 05-334702 Translation (“Beetcher Translation”)
`
`Exhibit 7
`
`U.S. Patent No. 5,935,243 (“Hasebe’’)
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0004
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0004
`
`

`

`Exhibit 8=[INTENTIONALLY LEFT BLANK]
`
`Expert Materials
`
`Exhibit9
`
`Declaration of Claudio T. Silva In Support of Request for Ex Parte
`Reexamination of U.S. Patent No. 9,104,842
`
`Exhibit 10 Curriculum Vitae of Claudio T. Silva
`
`Claim Charts
`
`Exhibit 11 Blue Spike LLC’s Proposed Terms for Construction for U.S. Patent 9,104,842
`(‘the ’842 patent”) Blue Spike, LLC. v. Juniper Networks, Inc., Case No. Case
`No. 6:17-cv-00016-KNM (EDTX)
`
`3.
`
`Information Disclosure Statement, PTO/SB/08, listing references cited in the Requestfor Ex
`Parte Reexamination of U.S. Patent No. 9,104,842 pursuant to 35 U.S.C. § 302 and 37
`C.F.R. § 1.510
`
`4. Acopyof U.S. Patent No. 9,104,842.
`
`5. A copyof this Certificate of Service.
`
`The copies have been served on May 16, 2018 by causing the aforementioned documents
`to be deposited in the United States Postal Service as first class mail postage pre-paid in an
`envelope addressed to:
`
`Wistaria Trading LTD,
`Calrendon House. 2 Church Street
`Hamilton HM II
`
`Bermuda
`
`Blue Spike, LLC
`Garteiser Honea
`119 W Ferguson
`Tyler, TX 75702
`
`Neifeld IP Law, PC
`5400 Shawnee Road
`Suite 310
`Alexandria, VA 22312-2300
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0005
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0005
`
`

`

`‘Joseph F. Edell/
`
`Joseph F. Edell
`Attorneyfor Requester
`Reg. No. 67,625
`
`May 16, 2018
`
`Requester:
`Fisch Sigler LLP
`5301 Wisconsin Ave. NW
`Fourth Floor
`Washington, DC 200015
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0006
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0006
`
`

`

`PTOYAIA/14
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`Application Number
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`
`
`The application data sheetis part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the document
`
`may be printed and includedin a paperfiled application.
`
`Secrecy Order 37 CFR 5.2:
`
`Portionsorall of the application associated with this Application Data Sheet mayfall under a Secrecy Order pursuant to 37
`
`CFR 5.2 (Paperfilers only. Applications that fall under Secrecy Order may notbefiled electronically.)
`
`©) Active US Military Service
`
`Mailing Addressof Inventor:
`Address 1
`16711 Collins Avenue #2505
`
`Address 2
`
`
`City
`SunnyIsles Beach
`State/Province
`DC
`
`
`Postal Code
`20015
`Country i
`US
`All Inventors Must Be Listed - Additional Inventor Information blocks may be generated
`within this form by selecting the Add button.
`
`CorrespondenceInformation:
`
`Enter either Customer Numberor complete the CorrespondenceInformation section below.
`For further information see 37 CFR 1.33(a).
`
`><] An Addressis being provided for the correspondenceInformation ofthis application.
`
`
`
`Name 1 JosephF. Edell
`Address 1
`5301 Wisconsin Avenue NW
`
`Address 2
`
`State/Province
`Washington
`City
`Postal Code
`Phone Number
`Fax Number
`
`
`
`Email Address
`
`Add Email
`
`
`
`WEB ADS1.0
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0007
`
`Inventor Information:
`
`Inventor
`
`1
`
`Legal Name
`
`af
`
`eeioe
`Residence Information (Select One)
`(@) US Residency
`C) Non US Residency
`Sunny Isles Beach Country of Residence i State/Province
`
`
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0007
`
`

`

`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`US. Patent and TrademarkOffice; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`
`Application Number
`
`
`
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Application Information:
`
`Title of the Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Filing By Reference:
`
`
`
` Attorney Docket Number Small Entity Status Claimed |
`
`
`
`
`
`Application Type Nonprovisional
`
`Subject Matter
`
`Utility
`
`
`
`Total Numberof Drawing Sheets(if any) Suggested Figure for Publication (if any)
`
`Only complete this section whenfiling an application by reference under 35 U.S.C. 111(c) and 37 CFR 1.57({a). Do not completethis sectionif
`application papers including a specification and any drawingsare beingfiled. Any domestic benefit or foreign priority information must be
`provided in the appropriate section(s) below (i.e., "Domestic Benefit/National Stage Information” and “Foreign Priority Information’).
`
`For the purposesofa filing date under 37 CFR 1.53{b), the description and any drawings of the present application are replaced bythis
`reference to the previouslyfiled application, subject to conditions and requirements of 37 CFR 1.57(a). i
`Application numberof the previously
`Filing date (YYYY-MM-DD)
`Intellectual Property Authority or Country
`
`filed application
`
`monthsafterfiling.
`
`Publication Information:
`
`
`[|] Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`35 U.S.C.
`Request Not to Publish. | hereby request that the attached application not be published under
`122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of an
`applicationfiled in another country, or under a multilateral international agreement, that requires publication at eighteen
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Either enter Customer Numberor complete the Representative Name section below.If both sections are completed the customer Number
`will be used for the Representative Information during processing.
`
`Please Select One: C) Limited Recognition (37 CFR 11.9) (@) Customer Number ©) US PatentPractitioner
`
`Customer Number
`
`
`
`
`
`Registration Number
`
`WEB ADS1.0
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0008
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0008
`
`

`

`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`US. Patent and TrademarkOffice; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit contains a valid OMB control number.
`.
`Attorney Docket Number
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`
`
`
`
`Given Name Middle Name Family NamePrefix Suffix Remove
`
`
`
`
`
`
`
`
`
`
`Registration Number
`
` Additional Representative Information blocks may be generated within this form by
`
`selecting the Add button.
`
`Domestic Benefit/National Stage Information:
`This section allowsfor the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) or indicate National
`Stage entry from a PCT application. Providing benefit claim information in the Application Data Sheet constitutes the specific
`reference required by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.
`Whenreferring to the current application, please leave the “Application Number’field blank.
`
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`Prior Application Status
`
`Filing or 371(c) Date
`(YYYY-MM-DD}
`
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`Application Number
`
`selecting the Add button.
`
`
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`
`Additional Domestic Benefit/National Stage Data may be generated within this form by
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`Foreign Priority Information:
`
`This section allowsfor the applicantto claim priority to a foreign application. Providing this information in the application data sheet
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55. Whenpriority is claimed to a foreign application thatis eligible
`for retrieval underthe priority document exchange program (PDX) the information Will be used by the Office to automatically attempt retrieval
`pursuant to 37 CFR 1.55(i){1) and (2). Under the PDX program,applicant bears the ultimate responsibility for ensuring that a copy of the foreign
`application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign priority
`application is filed, within the time period specified in 37 CFR 1.55{g){1).
`
`Application Number
`
`Filing Date (YYYY-MM-DD)
`
`Access Codekif applicable)
`
`Additional Foreign Priority Data may be generated within this form by selecting the Add
`button.
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`Applications
`
`This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time,a claim to a claimed invention that has an effectivefiling date on or after March
`[] 16, 2013.
`NOTE:By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March
`16, 2013, will be examined underthe first inventorto file provisions of the AIA.
`
`WEB ADS1.0
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0009
`
`DISH-Blue Spike-602
`Exhibit 1007, Page 0009
`
`

`

`PTO/AIA/14 (08-15)
`Approved for use through 04/30/2017. OMB 0651-0032
`US. Patent and TrademarkOffice; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit contains a valid OMB control number.
`
`.
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`
`Application Number
`
`
`
`
`Title of Invention
`
`DATA PROTECTION METHOD AND DEVICE
`
`Authorization or Opt-Out of Authorization to Permit Access:
`
`
`Whenthis Application Data Sheet is properly signed and filed with the application, applicant has provided written authority to
`permit a participating foreign intellectual property (IP) office access to the instant application-as-filed (see paragraph Ain
`subsection 1 below) and the European Patent Office (EPO) access to any search results from the instant application {see
`paragraphB in subsection 1 below).
`
`Should applicant choose not to provide an authorization identified in subsection 1 below, applicant must opt-outof the
`authorization by checking the corresponding box A or B or both in subsection 2 below.
`
`NOTE: This section of the Application Data Sheet is ONLY reviewed and processed with the INITIALfiling of an application.
`Aftertheinitial filing of an application, an Application Data Sheet cannot be used to provide or rescind authorization for access
`by a foreign IP office(s). Instead, Form PTO/SB/39 or PTO/SB/69 must be used as appropriate.
`
`1. Authorization to Permit Access by a Foreign Intellectual Property Office(s)
`
`A. Priority Document Exchange (PDX) - Unless box A in subsection 2 (opt-out of authorization) is checked, the undersigned
`hereby grants the USPTO authority to provide the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean
`Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), the World
`Intellectual Property Organization (WIPO), and any otherforeign intellectual property office participating with the USPTO ina
`bilateral or multilateral priority document exchange agreementin which a foreign application claiming priority to the instant
`patentapplicationis filed, access to: {1) the instant patent application-as-filed and its related bibliographic data, (2) any foreign
`or domestic application to which priority or benefit is claimed by the instant application andits related bibliographic data, and
`(3) the date offiling of this Authorization. See 37 CFR 1.14(h)(1).
`
`B. Search Results from U.S. Application to EPO - Unless box B in subsection 2 (opt-out of authorization) is checked, the
`undersigned hereby grants the USPTO authority to provide the EPO accessto the bibliographic data and search results from
`the instant patent application when a European patent application claiming priority to the instant patent application is filed. See
`37 CFR 1.14(h)(2).
`
`The applicantis reminded that the EPO’s Rule 141(1) EPC (European Patent Convention) requires applicants to submit a copy of
`search results from the instant application without delay in a European patentapplication that claimspriority to the instant
`application.
`
`accordance with 37 CFR 1.14.
`
`2. Opt-Out of Authorizations to Permit Access by a Foreign Intellectual Property Office(s)
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`
`Scott A. Moskowitz
`
`U.S. Patent No.:
`
`9,104,842
`
`Issue Date:
`
`August 11, 2015
`
`AppL No.:
`
`11/895,388
`
`Filing Date:
`
`August 24, 2007
`
`Title:
`
`DATA PROTECTION METHOD AND DEVICE
`
`Control Ne.:
`
`To be assigned
`
`Mail Stop Ex Parte Reexam
`ATTN: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REQUEST FOR EX PARTE REEXAMINATION OF
`U.S. PATENT NO. 9,104,842
`
`Dear Sir or Madam,
`
`Pursuant to 35 U.S.C. § 302 and 37 C.F.R. § 1.510, ex parte reexamination is requested
`
`for claims 11, 12, 13, and 14 of United States Patent No. 9,104,842 (‘the °842 Patent,” Exhibit
`
`1), issued on August 11, 2015. The ’842 Patent is currently assigned to Wistaria Trading Ltd. and
`
`remains in force.
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`Request for fx Parte Reexamination,
`U.S. Patent No. 9,104,842
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`INTRODUCTION ooo. eee etn eee rene tee nent en tenes sentence teen ceeeneetate 1
`
`CLAIMS FOR WHICH REEXAMINATIONIS REQUESTED...eee 1
`
`II.
`
`IDENTIFICATION OF PATENTS AND PRINTED PUBLICATIONS PRESENTED
`
`TO SHOWSUBSTANTIAL NEW QUESTIONS OF PATENTABILITYue 2
`
`IV.
`
`CO-PENDING LITIGATIONooo... coe cee ceccee cece cece cee cee cette eee ete teens stent veeeeseneeneeeres 2
`
`V.
`
`ESTOPPELwinnn noo Onno onieninneiicnienieae 3
`
`VI.
`
`OVERVIEW OF THE ORIGINAL PROSECUTION HISTORYoeee 3
`
`VIL
`
`THE PRIORITY DATE OF THE 7842 PATENT0.0000. .0.2.cecccecceece cece cette ete eeeetttte 10
`
`VITL CLAIM CONSTRUCTION...cenGein 10
`
`IX.
`
`THE PRIOR ART PROVIDES NEW, NON-CUMULATIVE TECHNICAL
`TEACHINGS. 000. cccceccecceccecceecececeecceeeceecen cess ceseeaaecaneceseeesecseecaeeeeeceeesesaesercaeecateesinseseeeeeaes 12
`
`Xx.
`
`DETAILED EXPLANATION UNDER37 C.F.R. 1.510(D)(2) 0... cceeceeceeee cette teereeees 19
`
`A.
`
`SNQ-1: Claims 11, 12, 13, and 14 are Anticipated by Beetcher Under 35 U.S.C.
`$8 1O2(a), (6). eee cece cee cece eens cece