`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`T—MOBILE US, INC.
`
`Petitioner
`
`V.
`
`INTELLECTUAL VENTURES II LLC
`
`Patent Owner
`
`CBMZO 1 6—0O083
`
`Patent 6,115,737
`
`PATENT OWNER’S MOTION & CERTIFICATION UNDER 37
`
`C.F.R. § 42.300(b) REQUESTING DISTRICT COURT
`(PHILLIPS) CLAIM CONSTRUCTION
`
`Mail Stop “PA TENT BOARD ”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 223 13-1450
`
`
`
`CBM2016—00083
`
`U.S. Pat. No. 6,115,737
`
`I.
`
`Authorization and Statement of the Relief Requested
`
`Patent Owner
`
`Intellectual Ventures ll LLC (“Patent Owner”) hereby
`
`requests a district court-type claim construction of U.S. Patent No. 6,1 15,737 (the
`
`“’737 Patent”) under the standard provided by Phillips v. AWH Corp, 415 F.3d
`
`1303 (Fed. Cir. 2005), in accordance with 37 C.F.R. § 42.300(b)l, during covered
`
`business method review of the ’737 Patent. Petitioner also filed a Motion
`
`requesting that the Board apply a district court-type claim construction for this
`
`proceeding. See Paper No. 3, CBM2016-00083. However, Petitioner’s Motion
`
`further
`
`requested “alignment between the Patent Trial and Appeal Board’s
`
`construction of this language and the construction previously provided by the
`
`District Court.” This further request is improper and should be disregarded by the
`
`Board. Patent Owner will address claim construction of specific terms in its
`
`preliminary response.
`
`II.
`
`Statement of the Reasons For the Relief Requested
`
`The ’737 Patent will expire within 18 months of the Notice of Filing Date
`
`Accorded to the Petition. And, pursuant to amended 37 C.F.R. § 42.300(b), 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.
`
`‘As amended, effective May 2, 2016 (81 Fed. Reg. 18750, 18766 (April 1, 2016)).
`
`_ 1 _
`
`
`
`CBM2016—00083
`
`U.S. Pat. No. 6,115,737
`
`The ’737 Patent application was filed on July 24, 1996. See, e.g., Ex. 1001,
`
`CBM2016-00083. The ’737 Patent, which is not subject to any terminal disclaimer
`
`or patent term adjustment, will expire twenty years from filing, i.e. on July 24,
`
`2016. 35 U.S.C. § 154. The Board mailed and entered the Notice of Filing Date
`
`Accorded to Petition on June 2, 2016. See Paper No. 4, CBM2016-00083.
`
`Accordingly, the ’737 Patent will expire within eighteen months of the Notice of
`
`Filing Date Accorded to Petition, z'.e. prior to December 2, 2017.
`
`III. Certification of Expiration Within Eighteen Months of Petition Filing
`
`Pursuant to § 42.300(b), Patent Owner certifies that the ’737 Patent will
`
`expire within 18 months from the entry of the Notice of Filing Date Accorded to
`
`Petition.
`
`IV. Requested Relief
`
`Patent Owner respectfully requests that the Board apply a Phillips—type
`
`claim construction in this proceeding.
`
`Dated: June 24, 2016
`
`Respectfully submitted,
`DSTEIN & Fox P.L.L.C.
`
`STERNE,KE SLER, 1100 New York Avenue, N.W.
`
`Washington, D.C. 20005
`(202) 371-2600
`
`Lori A. Gordon
`
`Registration No. 50,633
`Attorney for Patent Owner
`
`
`
`CBM2016-00083
`
`U.S. Pat. No. 6,115,737
`
`CERTIFICATION OF SERVICE 137 C.F.R. § 42.6gen
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`MOTION & CERTIFICATION UNDER 37 C.F.R. § 42.300(b)
`
`REQUESTING DISTRICT COURT (PHILLIPS) CLAIM CONSTRUCTION
`
`was served electronically via e—mail on June 24, 2016, upon the following counsel
`
`of record:
`
`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
`
`Dated. June 24, 2016
`
`l 100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`-1
`/4‘
`-
`( /
`/.,,.i/
`Lori
`. ordog
`Registration No. 50,633
`Attorney for Patent Owner
`
`”
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