`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`AVER INFORMATION INC., AND IPEVO, INC.,
`Petitioner,
`
`v.
`
`PATHWAY INNOVATIONS AND TECHNOLOGIES, INC.,
`Patent Owner
`
`
`Inter Partes Review Proceeding No. IPR2017-02108
`U.S. Patent No. 8,508,751
`
`
`
`
`PATENT OWNER’S NOTICE PURSUANT TO 37 C.F.R. § 42.8
`
`
`
`
`
`
`CASE NO. IPR2017-02108
`
`I.
`
`Real Party-in-interest
`
`The real party in interest for the Patent Owner is Pathway Innovations and
`
`Technologies, Inc. (“Pathway” or “Patent Owner”) having its principal place of
`
`business at 10211 Pacific Mesa Blvd., Suite 412, San Diego, CA 92121.
`
`II. Related Matters
`
`
`
`The present inter partes review proceeding is related to the following
`
`judicial or administrative matters:
`
`•
`
`In the Matter of Certain Document Cameras and Software for Use
`
`Therewith, Investigation No. 337-TA-1045, in the United States International
`
`Trade Commission (“the ‘1045 Investigation”). The Commission instituted this
`
`investigation on March 17, 2017, based on a complaint filed by Patent Owner
`
`against Respondents: IPEVO, Inc. (“IPEVO”); Aver Information Inc. (“AVer”);
`
`and Lumens Integration, Inc. (“Lumens”). 82 Fed. Reg. 15070 (March 24, 2017).
`
`The complaint alleges violations of 19 U.S.C. § 1337 in the sale for importation,
`
`importation, or sale within the United States after importation of certain document
`
`cameras and software for use therewith by reason of infringement of United States
`
`Patent No. 8,508,751 (“the ‘751 patent”). See id. A hearing on the matter is set for
`
`December 13, 2017.
`
`•
`
`Pathway Innovations and Technologies, Inc. v. IPEVO, Inc., Case No.
`
`3:17-cv-00312-CAB-BLM, in the United States District Court for the Southern
`
`Page 1
`
`
`
`CASE NO. IPR2017-02108
`
`District of California, filed February 14, 2017. ECF No. 1 (asserting infringement
`
`of the ‘751 patent). This case is currently stayed pending the outcome of the ‘1045
`
`ITC investigation.
`
`•
`
` Pathway Innovations and Technologies, Inc. v. Aver Information Inc.,
`
`Case No. 3:17-cv-00315-CAB-BLM, in the United States District Court for the
`
`Southern District of California, filed February 14, 2017. ECF No. 1 (asserting
`
`infringement of the ‘751 patent). This case is currently stayed pending the outcome
`
`of the ‘1045 ITC investigation.
`
`•
`
`Pathway Innovations and Technologies, Inc. v. Lumens Integration,
`
`Inc., Case No. 3:17-cv-00316-CAB-BLM, in the United States District Court for
`
`the Southern District of California, filed February 14, 2017. ECF No. 1 (asserting
`
`infringement of the ‘751 patent). This case is currently stayed pending the outcome
`
`of the ‘1045 ITC investigation.
`
`III. Lead and Backup Counsel
`
`Lead counsel is Trevor Q. Coddington, Ph.D., Esq. (PTO Registration No.
`
`46,633) of San Diego IP Law Group LLP, 12526 High Bluff Drive, Suite 300, San
`
`Diego, CA 92130.
`
`Backup counsel is David M. Beckwith (PTO Registration No. 73,041) of San
`
`Diego IP Law Group LLP, 12526 High Bluff Drive, Suite 300, San Diego, CA
`
`92130.
`
`Page 2
`
`
`
`IV. Service Information
`
`Patent Owner can be served via Counsel at:
`
`CASE NO. IPR2017-02108
`
`SAN DIEGO IP LAW GROUP LLP
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`trevorcoddington@sandiegoiplaw.com
`jamesfazio@sandiegoiplaw.com
`davidbeckwith@sandiegoiplaw.com
`(858) 792-3446 Telephone
`(858) 408-4422 Facsimile
`
`Respectfully submitted,
`SAN DIEGO IP LAW GROUP LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Trevor Coddington/
`Trevor Coddington
`Registration No. 46,633
`
`Date: September 29, 2017
`
`
`
`SAN DIEGO IP LAW GROUP LLP
`12526 High Bluff Drive, Suite 300
`San Diego, Ca 92130
`
`Counsel for Patent Owner,
`Pathway Innovations and Technologies, Inc.
`
`
`
`
`Page 3
`
`
`
`
`
`CERTIFICATE
`
`The undersigned certifies that a copy of the foregoing PATENT OWNER’S
`
`NOTICE PURSUANT TO 37 C.F.R. § 42.8 was served electronically via email on
`
`September 29, 2017, in its entirety on the following:
`
`Jackson Ho (jackson.ho@klgates.com)
`Benjamin Weed (benjamin.weed.ptab@klgates.com)
`Kevin McCormick (kevin.mccormick@klgates.com)
`K&L Gates
`630 Hansen Way
`Palo Alto, CA 94304
`
`
`
`
`
`
`
`Respectfully submitted,
`SAN DIEGO IP LAW GROUP LLP
`
`
`
`
`
`
`
`
`
`
`
`/Trevor Coddington/
`Trevor Coddington
`Registration No. 46,633
`
`Date: September 29, 2017
`
`
`
`SAN DIEGO IP LAW GROUP LLP
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`
`Counsel for Patent Owner,
`Pathway Innovations and Technologies, Inc.
`
`
`
`
`
`
`
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