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Paper 9
`Filed: October 27, 2023
`
`UNITED STATES AND PATENT TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`NETFLIX, INC.,
`Petitioner
`
`v.
`
`GoTV Streaming, LLC,
`Patent Owner
`
`_____________________
`
`Case: IPR2023-00757
`U.S. Patent No. 8,989,715
`_____________________
`
`PETITIONER’S UPDATED MANDATORY NOTICES
`PURSUANT TO 37 C.F.R. § 42.8
`
`

`

`
`
`Pursuant to 37 C.F.R § 42.8, Petitioner Netflix, Inc. files this updated
`
`Mandatory Notices to identify additional related matters.
`
`As of the filing date of this updated Mandatory Notices, and to the best
`
`of Petitioner’s knowledge, the U.S. Patent No. 8,989,715 is or has been the
`
`subject of the following proceedings:
`
`• GoTV Streaming, LLC. v. Netflix Inc., Case 2:22-cv-07556 (C.D. Cal.)
`
`(“GoTV Streaming Litigation”)
`
`• Ex Parte Reexam No. 90/019,276
`
`With respect to the GoTV Streaming Litigation, a jury trial was held
`
`from October 17-20, 2023. Petitioner did not present any invalidity arguments
`
`at trial, and accordingly, the Court declined to submit the issue of invalidity to
`
`the jury. See Exhibit 1023, Memorandum in Opposition to GoTV Streaming,
`
`LLC’s Motion for Judgment as a Matter of Law at 2-3; see also Sotera
`
`Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 at 13-14, 18-19
`
`(PTAB Dec. 1, 2020) (if Petitioner does not pursue in district court the specific
`
`grounds asserted in the inter partes review or on any other ground that was
`
`raised or could have been reasonably raised in an IPR, then that “mitigates any
`
`concerns of duplicative efforts between the district court and the Board, as well
`
`as concerns of potentially conflicting decisions” should the Board decide to
`
`institute).
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on October 27, 2023, a complete and
`
`entire copy of the foregoing “PETITIONER’S UPDATED MANDATORY
`
`NOTICES” was served via e-mail on the following counsel of record and
`
`distribution list:
`
`Joshua S. Wyde
`jwyde@aatriallaw.com
`
`Steven T. Jugle
`sjugle@aatriallaw.com
`
`IPR2023-00757@aatriallaw.com
`
`Date: October 27, 2023
`
`By: /Aliza George Carrano/
` Aliza George Carrano (Reg. No. 70,637)
` Lead Counsel for Petitioner
`
`

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