`571-272-7822
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` Paper No. 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.;
`TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.; AND
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.
`Petitioner
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`v.
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`INTELLECTUAL VENTURES II LLC
`Patent Owner
`____________
`
`Case IPR2014-00201
`Patent 6,618,788
`____________
`
`Mailed: December 17, 2013
`
`Before Lawrence J. Banks, Trial Paralegal.
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`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of November 27, 2013.
`
`
`
`Case IPR2014-00201
`Patent 6,618,788
`
`
`Administrative Patent Judge Kevin F. Turner has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defect(s):
`1.) Improper usages of claim charts: Although claim charts are
`permitted, the purpose of claim charts is to assist petitioners to specify where
`each claim limitation is found in the prior art references relied upon. Claim
`charts should be presented in a readable manner and be free from attorney
`argument.
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
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`Case IPR2014-00201
`Patent 6,618,788
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Lawrence J. Banks at 571-272-3450 or the Patent Trial and Appeal Board at
`571-272-7822.
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`Case IPR2014-00201
`Patent 6,618,788
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`PETITIONER:
`
`Brent Yamashita
`Gerald T. Sekimura
`DLA PIPER LLP (US)
`200 University Avenue
`East Palo Alto, CA 94303
`brent.yamashita@dlapiper.com
`gerald.sekimura@dlapiper.com
`
`PATENT OWNER:
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, DC 20005
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