`Sent: Monday, December 22, 2014 11:27 AM
`To: Brian Buchheit
`Cc: DeLucia,Frank
`Subject: RE: Petition Real Party of Interest Question
`
`
`Brian,
`
`
`Regarding your inquiry concerning the real-party-in interest (“RPI”) in the present IPRs, please be advised
`that no other entity (i) suggested the patents that Askeladden has challenged in any of the IPRs, or (ii)
`had any control over the drafting, content, or other details of the IPR filings. In addition, none of the other
`entities you identify has sought to circumvent a time bar for filing the IPRs. For these reasons, none of the
`other entities is a RPI.
`
`
`More specifically, the Patent Quality Initiative is not a legal entity, but rather the name of Askeladden’s
`initiative for promoting patent quality. Further, none of the other entities identified in your email have acted
`in any way that would qualify them as a RPI consistent with the Board’s guidance in the cited RPX
`decision, which relied on Taylor v. Sturgell, 553 U.S. 880 (2008) and In re Guan, Reexam Control No.
`95/001,045. First, none of the identified entities is a party that seeks to avoid the preclusive force of a
`previous judgment by using a nominal party in a subsequent case. Second, none of the other entities
`suggested that any patent be the subject of the pending IPRs. Third, with respect to The Clearing House
`Payments Company specifically, in contrast to Apple’s position in the RPX case, it has no specific interest
`in invalidating the patents at issue because it does not engage in any loyalty discount activities. Fourth,
`none of the identified entities are time barred from filing their own IPRs against the patents.
`
`
`Accordingly, under RPX, and all other applicable authority, none of the other entities can be considered a
`RPI in connection with the pending IPRs and we have no legal basis to name any other entity as a RPI.
`
`
`We trust this resolves your inquiry concerning the RPI issue.
`
`
`Justin
`
`
`
`Justin J. Oliver
`
`FITZPATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`Washington, DC 20004-1462
`T 202-721-5423
`F 202-530-1055
`JOliver@fchs.com
`http://www.fitzpatrickcella.com
`Bio
`
`
`
`
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