`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`T-MOBILE US, INC.
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC
`Patent Owner
`_________________________
`Case No. CBM2016-00083
`U.S. Patent No. 6,115,737
`_________________________
`
`
`
`MOTION UNDER 37 C.F.R. § 42.40 FOR DISTRICT COURT-TYPE
`CLAIM CONSTRUCTION
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`102112237
`
`
`
`
`
`I.
`
` Statement of the Precise Relief Requested
`T-Mobile US, Inc. (“Petitioner”) hereby moves for a district court-type
`
`claim construction of U.S. Patent No. 6,115,737 (the “’737 Patent”) (Ex. 1001)
`
`during covered business method review of the ’737 Patent. Petitioner is filing a
`
`Petition for Covered Business Method Review of the ’737 Patent concurrent with
`
`this Motion.
`
`II.
`
` Full Statement of the Reasons For the Relief Requested
`
`Pursuant to amended 37 C.F.R. § 42.300(b), effective May 2, 2016, a party
`
`in a covered business method review may request a district court-type claim
`
`construction of the involved patent where the patent will expire within 18 months
`
`from entry of the Notice of Filing Date Accorded to Petition.
`
`The ’737 Patent was first applied for on July 24, 1996. See Exhibit 1001.
`
`The ’737 Patent, which is not subject to any terminal disclaimer or patent term
`
`extension, will expire twenty years from filing—July 24, 2016. 35 U.S.C. § 154.
`
`The Petition for Covered Business Method Review of the ’737 Patent to which this
`
`Motion pertains is filed May 26, 2016. Accordingly, the ’737 Patent will expire
`
`within eighteen months of the Notice of Filing Date to be accorded to the Petition.
`
`Notably, the present Petition requests construction of the limitation “[a]
`
`customer contact services node Internet gateway (CCSN/IG)” of claim 7 of the
`
`’737 Patent. The United States District Court for the District of Delaware
`
`previously construed “[a] customer contact services node Internet gateway
`
`
`
`2
`
`
`
`
`
`(CCSN/IG)” in claim 7 during litigation between Petitioner and the assignee of
`
`record, Intellectual Ventures II LLC. See Ex. 1048, Claim Construction Order, at
`
`64-65. Petitioner’s relief requested here will permit alignment between the Patent
`
`Trial and Appeal Board’s construction of this language and the construction
`
`previously provided by the District Court.
`
`III. Certification of Expiration Within Eighteen Months of Petition Filing
`Pursuant to Rule 42.300(b), Petitioner certifies that the ’737 Patent will
`
`expire within 18 months from the entry of the Notice of Filing Date Accorded to
`
`Petition.
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 26, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/Brian M. Buroker/
`By:
`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8541
`Facsimile: 202.467.0539
`bburoker@gibsondunn.com
`
`Spencer W. Ririe (Reg. No. 66,740)
`GIBSON, DUNN & CRUTCHER LLP
`3161 Michelson Dr.
`Irvine, CA 92612-4412
`Telephone: 949.451.3985
`Facsimile: 949.451.4220
`sririe@gibsondunn.com
`
`Attorneys for Petitioner
`
`
`
`
`
`
`
`CERFITICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) by Priority
`
`Mail Express of a copy of this Motion on May 26, 2016 upon the following
`
`counsel of record and litigation counsel of the Patent Owner, Intellectual Ventures
`
`II LLC:
`
`Foley & Lardner LLP
`3000 K Street N.W., Suite 600
`Washington, DC 20007-5109
`Customer Number: 23524
`
`Martin J. Black
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104
`
`
`
`
`
`Respectfully submitted,
`
`
`/Brian M. Buroker/
`By:
`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8541
`Facsimile: 202.467.0539
`bburoker@gibsondunn.com
`
`Spencer W. Ririe (Reg. No. 66,740)
`GIBSON, DUNN & CRUTCHER LLP
`3161 Michelson Dr.
`Irvine, CA 92612-4412
`Telephone: 949.451.3985
`Facsimile: 949.451.4220
`sririe@gibsondunn.com
`
`Attorneys for Petitioner
`
`
`Dated: May 26, 2016
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