`
`CHRISTOPHER D. BANYS (SBN 230038)
`JENNIFER L. GILBERT (SBN 255820)
`cdb@banyspc.com
`jlg@banyspc.com
`BANYS, P.C.
`1030 Duane Ave.
`Santa Clara, CA 95054
`Tel: (650) 308-8505
` Fax: (650) 353-2202
`
`Attorneys for Plaintiff Windy City
`Innovations, LLC
`
`
`
`BRADLEY W. CALDWELL (pro hac vice)
`bcaldwell@caldwellcc.com
`JASON D. CASSADY (pro hac vice)
`jcassady@caldwellcc.com
`JOHN AUSTIN CURRY (pro hac vice)
`acurry@caldwellcc.scom
`WARREN J. MCCARTY, III (pro hac vice)
`wmccarty@caldwellcc.com
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`Case Nos. 4:16-cv-01730-YGR
`
`
`
`PLAINTIFF WINDY CITY
`INNOVATIONS, LLC’S RESPONSE
`TO FACEBOOK’S NOTICE RE IPR
`APPEALS DKT. NO. 96
`
`WINDY CITY INNOVATIONS, LLC
`
`Plaintiff,
`
`v.
`
`FACEBOOK, INC.
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`Plaintiff Windy City Innovations, LLC (“Windy City”) files this Response to Defendant
`
`Facebook, Inc.’s February 8th, 2018 “Notice Re Status of Windy City’s Appeals of Adverse IPR
`
`Decisions.” Dkt. No. 96. Facebook’s notice informs the Court that Windy City recently filed Notices of
`
`Appeal regarding Final Written Decisions of certain inter partes review (“IPR”) decisions. Id. at 1.
`
`Windy City is unclear as to the purpose behind Facebook’s notice, as it does not even purport to relate to
`
`any pending dispute and seems only a misguided attempt to conjure up the appearance of impropriety.
`
`First, to the extent Facebook is suggesting to the Court that Windy City should have made its
`
`decision to appeal earlier—before the deadline set forth by the Federal Circuit rules—there is no basis
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`for such a suggestion. In fact, Windy City even previously observed to the Court that Windy City’s
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`deadline to appeal, if it chose to do so, was February 7, 2018. Dkt. No. 95 at 4.
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`WINDY CITY’S RESPONSE TO DKT. 96 NOTICE
`
`1
`
`
`CASE NO. 4:16-CV-01730
`
`
`
`Case 4:16-cv-01730-YGR Document 97 Filed 02/08/18 Page 2 of 2
`
`
`
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`Second, naturally, Windy City is not appealing the PTAB rulings it won confirming the validity
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`of fifty-three of its patent claims. Accordingly, Facebook knows (or certainly should know1) that Windy
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`City’s notices of its intent to appeal certain IPR decisions pertain to patent claims that have been found
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`unpatentable by the PTAB—i.e., patent claims that are no longer even at issue in this case. Windy City
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`would be happy to address this with the Court during Monday’s case management conference if the
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`Court is so inclined; otherwise, Windy City is anxious to proceed on the merits.
`
`
`
`Dated: February 8, 2018
`
`
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`
`
`Respectfully submitted,
`
`
`/s/ Bradley W. Caldwell
`Bradley W. Caldwell (pro hac vice)
`
`
`
`(SBN 230038)
`(SBN 255820)
`
`BANYS, P.C.
`Christopher D. Banys
`Jennifer L. Gilbert
`BANYS, P.C.
`1030 Duane Ave.
`Santa Clara, CA 95054
`Tel: (650) 308-8505
`Fax: (650) 353-2202
`cdb@banyspc.com
`jlg@banyspc.com
`
`Bradley W. Caldwell (pro hac vice)
`bcaldwell@caldwellcc.com
`Jason D. Cassady (pro hac vice)
`jcassady@caldwellcc.com
`John Austin Curry (pro hac vice)
`acurry@caldwellcc.com
`Warren J. McCarty, III (pro hac vice)
`wmccarty@caldwellcc.com
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Rd., Suite 1000
`Dallas, TX 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`
`
`Attorneys for Plaintiff,
`Windy City Innovations, LLC
`
`
`1 Windy City’s appeal papers that Facebook attached to its notice specifies the patent claims that would
`be subject to those appeals. See Dkt. No. 96 at Exs. 1-6.
`2
`WINDY CITY’S RESPONSE TO DKT. 96 NOTICE
`
`
`CASE NO. 4:16-CV-01730
`
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