`
`In Re the Applicationof:
`
`GOLDBERGetal.
`
`Group Art Unit: 3716
`
`Confirmation No.: 6972
`
`Serial No.: 12/754,573 and 90/011,117
`
`Examiner: Paul Anthony D'Agostino
`
`Filed: April 5, 2010
`
`Atty. File No.: 3367-2-1-MRG
`
`Entitled: “ADVERTISING SYSTEM FOR THE
`INTERNET AND LOCAL AREA NETWORKS” | Submitted via EFS-web
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313
`
`Miscellaneous Transmittal Regarding MPEP 2001.06(c) Information From Related
`
`Litigation — 2000 Duty of Disclosure
`
`Dear Commissioner:
`
`To fully comply with MPEP 2001.06(c), Applicant’s representative hereby notifies the
`
`Examinerofthe patent infringementlitigation herein below:
`
`e Beneficial Innovations, Inc. v. Advance Publications, Inc., et al., Case No. 2:11-
`
`CV-229-MHS-CMC
`
`Thislitigation is pending in the Federal District Court in the Eastern District of Texas.
`
`Note, this litigation is directed to subject matter different from whatis claimed in the present
`
`application, but related thereto. Thelitigation concernsat least Claims 1, 49 and 67 of U.S.
`
`Patent No. 7,496,943 and Claim 53 of U.S. Patent No. 6,712,702. A copy of Defendants’
`
`Invalidity Contentionsis attached hereto for the Examiner’s convenience. Whileit is believed
`
`that the litigated claims are patentably distinct from the pending claimsofthe present
`
`application, Applicants have submitted copies of the variousfilings in the abovelitigation by
`
`way of one or more previously submitted Information Disclosure Statements.
`
`Note that it is believed that no evidence of possible prior public use or sales, questions of
`
`inventorship, allegations of fraud, inequitable conduct, or violation of the duty of disclosure have
`
`been raised by the defendants in the above-identified litigations. However, in the event that such
`
`
`
`Miscellaneous Transmittal Regarding MPEP 2001.06(c)Information From Related Litigation — 2000 Duty ofDisclosure
`
`Attorney Docket No. 3367-2-1-MRG
`
`evidenceis forthcoming, Applicants’ representative will provide such to the Examineras it may
`
`becomeavailable to Applicants’ representative.
`
`Although the Applicants believe that no fees are due in connection with the filing ofthis
`
`transmittal, please charge any fees deemed necessary to Deposit Account No. 50-5775.
`
`The undersignedcertifies that a copy of this correspondence andall transmittals to the
`
`USPTOforfiling have been transmitted by first class mail on July 31, 2013, as per 37 CRF
`
`1.248 to reexamination requestor’s representative:
`
`WILMERHALE/DC
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Respectfully submitted,
`
`STRATEGEMIP LTD.
`
`By:
`
`__/Dennis J. Dupray/
`Dennis J. Dupray, Ph.D.
`Registration No. 46299
`1801 BelvedereSt.
`Golden, Colorado 80401
`(303) 895-7538
`
`Date:
`
`July 31, 2013
`
`
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