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`Case IPR2017-00717
`U.S. Patent 9,053,494
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DISH NETWORK CORPORATION AND DISH NETWORK L.L.C.
`Petitioner,
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`v.
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`CUSTOMEDIA TECHNOLOGIES, LLC
`Patent Owner.
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`IPR2017-00717
`Patent No. 9,053,494
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`PETITIONER’S UPDATED MANDATORY NOTICES
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`UNDER 37 C.F.R. § 42.8(а)(3)
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`Case IPR2017-00717
`U.S. Patent 9,053,494
`As required under 37 C.F.R. §42.8(a)(3), the following updated mandatory
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`notices are filed with the Patent Trial and Appeal Board (“Board”).
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`A. Related Matters under 37 C.F.R. 42.8(b)(2)
`On July 25, 2018, the Board issued its Final Written Decision (“FWD”) in this
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`matter finding claims 1–4, 6-7, 19, 23, 24 and 27 of U.S. Patent No. 9,053,494
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`unpatentable. Paper 45. As described below, and shown in the exhibits submitted
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`herewith, Patent Owner has exhausted its appeals and the Board’s FWD has been
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`affirmed:
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` On March 6, 2020, the Federal Circuit issued a judgment dismissing the
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`appeal as moot. See Exhibit 1031.
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` On June 9, 2020, the Federal Circuit denied Patent Owner’s combined
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`petition for panel rehearing and rehearing en banc. See Exhibit 1032.
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` On June 16, 2020, the Federal Circuit issued the Formal Mandate. See
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`Exhibit 1033.
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` On November 6, 2020, Patent Owner’s deadline for filing a petition for
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`writ of certiorari with the Supreme Court of the United States expired.
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`As shown in the attached Exhibit, no properly filed petition for writ of
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`certiorari is pending for this matter. See Exhibit 1034. Customedia
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`served DISH with a petition for writ of certiorari with the Supreme
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`Court of the United States. However, the petition was never docketed
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`Case IPR2017-00717
`U.S. Patent 9,053,494
`and Patent Owner has taken no action to correct the defect for the last
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`five months.
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`Having exhausted all available appeals, Patent Owner’s request to delay issuance of
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`a certificate (see Paper 50) is improper and should be rejected. Instead, Petitioner
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`requests the Board promptly issue a certificate cancelling claims 1–4, 6-7, 19, 23, 24
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`and 27 of U.S. Patent No. 9,053,494. See 37 C.F.R. § 42.80.
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`Date: April 19, 2021
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`Case IPR2017-00717
`U.S. Patent 9,053,494
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`/ Eliot D. Williams /
`Eliot D. Williams (Reg. No. 50,822)
`G. Hopkins Guy III (Reg. No. 35,866)
`BAKER BOTTS L.L.P.
`1001 Page Mill Road, Bldg. 1, Suite 200
`Palo Alto, California 94304-1007
`650.739.7500
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`Ali Dhanani (Reg. No. 66,233)
`BAKER BOTTS L.L.P.
`910 Louisiana St.
`Houston, TX 77002
`713.229.1108
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`Attorneys for Petitioner, DISH Network
`Corporation and DISH Network L.L.C.
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`Case IPR2017-00717
`U.S. Patent 9,053,494
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`CERTIFICATE OF SERVICE
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`I hereby certify that on April 19, 2021, I caused a true and correct copy of the
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`foregoing Petitioner’s Updated Mandatory Notices to be served via electronic mail
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`on the following counsel of record for Patent Owner at the email address listed
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`below.
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`Lead Counsel
`Raymond W. Mort, III
`The Mort Law Firm, PLLC
`106 E. Sixth Street, Ste 900
`Austin, Texas 78701
`Phone: 512-865-7950
`Fax: 512-865-7950
`raymort@austinlaw.com
`USPTO Reg. No. 47,807
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`Back-up Counsel
`Steven Tepera
`Pillsbury Winthrop Shaw Pittman
`401 Congress Ave., Ste. 1700
`Austin, Texas 78701
`Phone: 512-280-9624
`Fax: 512-879-9347
`Steven.tepera@pillsburylaw.com
`USPTO Reg. No. 65,984
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`/ Eliot D. Williams /
`Eliot D. Williams (Reg. No. 50,822)
`BAKER BOTTS L.L.P.
`1001 Page Mill Road, Bldg. 1, Suite 200
`Palo Alto, California 94304-1007
`650.739.7500
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`Lead Counsel for Petitioner, DISH Network
`Corporation and DISH Network L.L.C.
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`Date: April 19, 2021
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