UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AT&T SERVICES, INC. and DIRECTV, LLC,
`Petitioners,
`
`v.
`
`BROADBAND iTV, INC.,
`Patent Owner.
`____________
`
`Case No. IPR2021-00556
`Patent No. 10,028,026
`____________
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Submitted Electronically via the Patent Review Processing System
`
`REVISED MANDATORY NOTICES OF PETITIONERS
`UNDER 37 C.F.R. § 42.8(a)(3)
`
`
`
`
`
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AT&T SERVICES, INC. and DIRECTV, LLC,
`Petitioners,
`
`v.
`
`BROADBAND iTV, INC.,
`Patent Owner.
`____________
`
`Case No. IPR2021-00556
`Patent No. 10,028,026
`____________
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Submitted Electronically via the Patent Review Processing System
`
`REVISED MANDATORY NOTICES OF PETITIONERS
`UNDER 37 C.F.R. § 42.8(a)(3)
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.8(a)(3), AT&T Services, Inc. and DIRECTV,
`
`LLC (collectively “Petitioners” or “AT&T”) provide notice of the following
`
`changes of real parties-in-interest and information requested in 37 C.F.R. §
`
`42.8(b)(1).
`
`I.
`
`REAL PARTY-IN-INTEREST
`AT&T Services, Inc., AT&T Communications, LLC, and DIRECTV, LLC
`
`are the real parties-in-interest. In addition, AT&T Inc., DIRECTV Holdings LLC,
`
`The DIRECTV Group, Inc., and DIRECTV Group Holdings, LLC are identified as
`
`real parties-in-interest only to the extent that Patent Owner contends they need to
`
`be named as such. AT&T Inc. is and always has been a holding company that is a
`
`legally and factually distinct entity from its subsidiaries. Each of AT&T Inc.’s,
`
`DIRECTV Holdings LLC’s, The DIRECTV Group, Inc.’s, and DIRECTV Group
`
`Holdings, LLC’s
`
`subsidiaries,
`
`including AT&T Services,
`
`Inc., AT&T
`
`Communications, LLC, and/or DIRECTV, LLC, maintains its own independent
`
`status, identity, and structure. AT&T Inc., DIRECTV Holdings LLC, The
`
`DIRECTV Group, Inc., and DIRECTV Group Holdings, LLC do not provide any
`
`of the products or services at issue in the underlying patent infringement lawsuit.
`
`The DIRECTV Group, Inc. has changed its name to The AT&T MVPD Group,
`
`LLC. DIRECTV Group Holdings, LLC has changed its name to AT&T MVPD
`
`Group Holdings, LLC.
`
`
`
`
`
`
`
`
`On February 25, 2021, AT&T Inc. announced that AT&T Services, Inc.
`
`entered into an Agreement of Contribution and Subscription, dated February 25,
`
`2021 (the “Contribution Agreement”), among (i) AT&T Services, Inc. (ii) V
`
`HoldCo LLC, (iii) V OpCo LLC and (iv) TPG VIII Merlin Investment Holdings,
`
`L.P. Pursuant to the Contribution Agreement, AT&T Services, Inc. agreed to
`
`cause the contribution of the U.S. video business unit of AT&T Inc. and its
`
`subsidiaries to V OpCo LLC for certain financial considerations. Out of an
`
`abundance of caution, V HoldCo LLC, V OpCo LLC, and TPG VIII Merlin
`
`Investment Holdings, L.P. are also identified as real-parties-in-interest.
`
`On August 2, 2021, AT&T Inc. announced the closing of the transactions
`
`contemplated by the Contribution Agreement among (i) AT&T Services, Inc.,
`
`(ii) AT&T MVPD Holdings LLC (f/k/a V HoldCo LLC), (iii) DIRECTV
`
`Entertainment Holdings LLC (f/k/a V OpCo LLC), and (iv) TPG VIII Merlin
`
`Investment Holdings, L.P. Pursuant to, and subject to the terms and conditions set
`
`forth in, the Contribution Agreement, among other matters, AT&T Services, Inc.
`
`contributed the U.S. video business unit of AT&T Inc. and its subsidiaries,
`
`consisting of
`
`the DIRECTV, AT&T TV and U-verse video services (but
`
`excluding U-verse network assets) to DIRECTV Entertainment Holdings LLC.
`
`Out of an abundance of caution, AT&T MVPD Holdings LLC and DIRECTV
`
`Entertainment Holdings LLC are also identified as real-parties-in-interest.
`
`
`
`
`
`
`
`DIRECTV, LLC is a wholly-owned subsidiary of DIRECTV Holdings LLC.
`
` DIRECTV Holdings LLC is a wholly-owned subsidiary of DIRECTV Financing,
`
`LLC. DIRECTV Financing, LLC is a wholly-owned subsidiary of DIRECTV
`
`Financing Holdco, LLC. DIRECTV Financing Holdco, LLC is a wholly-owned
`
`subsidiary of DIRECTV Entertainment Holdings LLC. DIRECTV Entertainment
`
`Holdings LLC is jointly-owned by AT&T Inc. and TPG VIII Merlin Investment
`
`Holdings, L.P. DIRECTV Financing, LLC and DIRECTV Financing Holdco, LLC
`
`are identified as real parties-in-interest only to the extent that Patent Owner
`
`contends they need to be named as such.
`
`
`Dated: August 20, 2021
`
`
`
`
`
`Respectfully submitted,
`BAKER BOTTS L.L.P.
`Attorney for Petitioners
`
` /s/ Roger Fulghum
`Roger Fulghum
`Reg. No. 39,678
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`In accordance with 37 C.F.R. §§ 42.6(e), the undersigned certifies that on
`
`the 20th day of August 2021, a complete and entire copy of REVISED
`
`MANDATORY NOTICES OF PETITIONERS’ was served on Patent Owner via
`
`electronic mail at the following correspondence addresses:
`
` slim@feinday.com
`
` dalberti@feinday.com
`
` mspecht-PTAB@sternekessler.com
`
` jfitzsimmons-PTAB@sternekessler.com
`
` rbemben-PTAB@sternekessler.com
`
` hlin@feinday.com
`
` kevin.greenleaf@dentons.com
`
` rtonkovich@feinday.com
`
` fdalb-bbitv@feinday.com
`
` PTAB@sternekessler.com
`
`
`
`
`
`
`
`Dated: August 20, 2021
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/s/ Roger Fulghum
`Roger Fulghum,
`Reg. No. 39,678
`BAKER BOTTS L.L.P.
`One Shell Plaza, 910 Louisiana
`Houston, Texas 77002
`Telephone: (713) 229-1707
`Facsimile: (713) 229-2707
`
`Attorney for Petitioners AT&T
`SERVICES, INC. AND DIRECTV, LLC
`
`
`
`
`
`
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