`Patent 8,243,593
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`CLOUDFLARE, INC.,
`Petitioner,
`
`v.
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`SABLE NETWORKS, INC.,
`Patent Owner
`
`____________
`
`Case IPR2021-00909
`Patent 8,243,593
`____________
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`PATENT OWNER SABLE NETWORKS, INC’S
`UPDATED MANDATORY NOTICE INFORMATION
`
`
`
`Case IPR2021-00909
`Patent 8,243,593
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`Pursuant to 37 C.F.R. § 42.8(a)(3), Patent Owner Sable Networks, Inc.
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`provides notice that a statutory disclaimer disclaiming claims 1, 2, 4-8, 14-16, 25-
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`28, 34-36 from challenged U.S. Patent No. 8,243,593 has been filed and recorded
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`under 35 U.S.C. § 253(a) and 37 C.F.R. § 1.321(a). It is attached as Exhibit 2006.
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`Patent Owner notes that it entered this disclaimer for efficiency. Patent
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`Owner was required in the multi-patent infringement litigation between the parties
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`to reduce the number of asserted patent claims, and determined to drop these
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`claims to comply, and that, given that they are no longer asserted, no good purpose
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`would have been served by burdening the parties or the Board with further trial on
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`these claims. See also Raytheon Techs. Corp. v. Gen. Elec. Co., 993 F.3d 1374,
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`1379 n.4 (Fed. Cir. 2021) (“Disclaimed claims are treated as if they never existed,
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`and disclaimer does not legally constitute an admission that the subject of the
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`disclaimer appears in the prior art.”) (citations and marks omitted).
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`For avoidance of doubt, Patent Owner notes that section 42.73(b) of Title 37
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`of the Code of Federal Regulations by its terms does not apply to this disclaimer
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`because, inter alia, Patent Owner continues to have remaining claims at trial.
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`Respectfully submitted,
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`/Kenneth J. Weatherwax/
`Kenneth J. Weatherwax, Reg. No. 54,528
`LOWENSTEIN & WEATHERWAX LLP
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`Date: March 11, 2022
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`1
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`Case IPR2021-00909
`Patent 8,243,593
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`UPDATED EXHIBIT LIST
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`2001
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`Josh McHugh, “The n-Dimensional SuperSwitch,” WIRED (May 1, 2001,
`12:00 am) (available at https://www.wired.com/2001/05/caspian/ (last
`visited Aug. 16, 2021))
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`2002 Email from Jun Zheng, U.S. District Court for Western District of Texas
`staff, to counsel for parties, with Subject “Sable Networks, Inc., et al. v.
`Riverbed Technology, Inc., No. 6:21‐cv‐00175‐ADA and Sable
`Networks, Inc., et al. v. Cloudflare, Inc., No. 6:21‐cv‐00261‐ADA –
`Request for Telephone Conference” (Aug. 20, 2021, 9:04 am)
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`2003 Scheduling Order, Dkt. 21, Sable Networks, Inc., et al. v. Cloudflare, Inc.,
`No. 6:21‐cv‐00261‐ADA (June 24, 2021)
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`2004 Declaration of Daniel P. Hipskind in Support of Motion for Pro Hac Vice
`Admission
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`2005 Declaration of Erin McCracken in Support of Motion for Pro Hac Vice
`Admission
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`2006
`[new]
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`March 4, 2022 Disclaimer in U.S. Patent No. 8,243,593 Under 37 C.F.R.
`§1.321(a)
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2021-00909
`Patent 8,243,593
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`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date below:
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`PATENT OWNER SABLE NETWORKS, LLC’S
`UPDATED MANDATORY NOTICE INFORMATION
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`EXHIBIT 2006
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`The names and address of the parties being served are as follows:
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`James L. Day
`Daniel Callaway
`Winston Liaw
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`
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`jday@fbm.com
`dcallaway@fbm.com
`wliaw@fbm.com
`calendar@fbm.com
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`Respectfully submitted,
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`/ Colette Woo /
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`
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`Date: March 11, 2022
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`
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