`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`DISH NETWORK CORPORATION and DISH NETWORK L.L.C.,
`Petitioner
`
`v.
`
`CUSTOMEDIA TECHNOLOGIES, L.L.C.,
`Patent Owner
`
`_________________
`
`Case No. CBM2017-00023
`Patent 8,719,090
`
`_________________
`
`
`
`PATENT OWNER CUSTOMEDIA TECHNOLOGIES L.L.C.’S
`NOTICE REGARDING PENDING SUPREME COURT CASE WITH
`BEARING ON THIS CBM REVIEW
`
`
`
`
`
`
`
`
`
`
`
`Case No. CBM2017-00023
`
`
`Patent No.: 8,719,090
`
`On October 13, 2020, the Supreme Court granted certiorari in United States
`
`v. Arthrex, Inc., Case No. 19-1434. 2020 WL 6037206, at *1 (U.S. Oct. 13, 2020).
`
`The Court will answer the question of whether the statutory provisions for
`
`appointment of administrative patent judges are constitutional, and the question of
`
`whether the remaining provisions governing inter partes review—as well as CBM
`
`review—are severable from those provisions. Id. Those remaining provisions
`
`include 35 U.S.C. § 318(c) and 35 U.S.C. § 328(c) the provisions authorizing the
`
`Director to issue a certificate of cancellation.
`
`
`
`Should the Court find the provisions governing CBM review unconstitutional,
`
`the Director will lack authority to issue a cancellation certificate cancelling any
`
`claims of the ’090 Patent. Any such action would be reviewable in court under the
`
`Administrative Procedure Act. Because the Court is expected to render a decision
`
`within a relatively short timeframe, Customedia submits that prudency and
`
`fundamental fairness require that the Director refrain from issuing any cancellation
`
`certificate regarding the ’090 Patent until the Court issues its decision.
`
`Dated: December 31, 2020
`
`Respectfully Submitted
`
`/s/ Raymond W. Mort, III
`Raymond W. Mort, III
`Reg. No. 47,807
`raymort@austinlaw.com
`
`THE MORT LAW FIRM, PLLC
`
`- 2 -
`
`
`
`Case No. CBM2017-00023
`Patent No.: 8,719,090
`
`
`
`
`
`
`
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
`
`COUNSEL FOR PATENT OWNER
`
`
`
`
`
`- 3 -
`
`
`
`Case No. CBM2017-00023
`Patent No.: 8,719,090
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a copy of the foregoing document was
`
`
`
`
`served electronically via email on December 31, 2020, in its entirety on
`
`the following:
`
`Eliot D. Williams
`eliot.williams@bakerbotts.com
`G. Hopkins Guy III
`hop.guy@bakerbotts.com
`
`BAKER BOTTS L.L.P.
`1001 Page Mill Road,
`Bld. 1,Suite 2000
`Palo Alto, CA 94304-1007
`
`
`Ali Dhanani
`ali.dhanani@bakerbotts.com
`
`BAKER BOTTS L.L.P.
`910 Louisiana St.
`Houston, TX 77002
`
`Dated: December 31, 2020
`
`Respectfully Submitted
`
`/s/ Raymond W. Mort, III
`Raymond W. Mort, III
`Reg. No. 47,807
`raymort@austinlaw.com
`
`THE MORT LAW FIRM, PLLC
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
`
`
`COUNSEL FOR PATENT OWNER
`
`
`
`- 4 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
