`
`____________
`
`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 IPR2017-00724
`Patent 9,053,494
`
`____________
`
`
`PATENT OWNER CUSTOMEDIA TECHNOLOGIES, L.L.C.’S
`BRIEF REGARDING BOARD’S DECISION TO INSTITUE REVIEW OF
`ALL CHALLENGED CLAIMS
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`On May 15, 2018, Patent Owner Customedia Technologies, L.L.C. (“Patent
`
`Owner”) and DISH Network Corporation and DISH Network L.L.C. (“Petitioner”)
`
`had a conference call with the Board to discuss the May 2, 2018 Order (Paper 43)
`
`regarding newly instituted grounds following the Supreme Court’s decision in SAS
`
`Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr. 24, 2018).
`
`On May 16, 2018, the Board issued an Order (Paper 44) granting Patent
`
`Owner’s request to file this short brief and waiving 37 C.F.R. § 42.6’s prohibition
`
`on incorporation by reference.
`
`Therefore, with respect to the newly instituted grounds, Patent Owner
`
`hereby incorporates by reference the arguments in its Preliminary Response (Paper
`
`7) and the Board’s reasons in the Institution Decision (Paper 10) for denying
`
`institution of those grounds. Following and based on those arguments and reasons,
`
`Patent Owner respectfully requests that a final decision issue with respect to the
`
`newly instituted grounds consistent with the decision reached in the Board’s
`
`Institution Decision.
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`Date: May 18, 2018
`
`
`
`
`
`Respectfully submitted,
`
`/Steven Tepera/
`Steven Tepera (Reg. No. 65,984)
`Pillsbury Winthrop Shaw Pittman
`401 Congress Ave., Ste. 1700
`Austin, Texas 78701
`Phone: 512-280-9624
`Fax: 512-879-9347
`Steven.tepera@pillsburylaw.com
`
`Daniel Scardino (admitted pro hac vice)
`Reed & Scardino LLP
`P.O. Box 1567
`Austin, Texas 78767
`Phone: 512-474-2449
`dscardino@reedscardino.com
`
`Counsel for Patent Owner
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 18th day of May 2018, a true and correct copy of
`
`Patent Owner’s Brief Regarding Board’s Decision to Institute Review of All
`
`Challenged
`
`Claims
`
`was
`
`served
`
`via
`
`electronic
`
`
`upon
`
`eliot.williams@bakerbotts.com (Eliot D. Williams), hop.guy@bakerbotts.com (G.
`
`Hopkins Guy), and ali.dhanani@bakerbotts.com (Ali Dhanani) - counsel of record
`
`for DISH Network Corporation and DISH Network L.L.C. (“Petitioner”).
`
`Date: May 18, 2018
`
`Respectfully submitted,
`
`/Steven Tepera/
`Steven Tepera (Reg. No. 65,984)
`Pillsbury Winthrop Shaw Pittman
`401 Congress Ave., Ste. 1700
`Austin, Texas 78701
`Phone: 512-280-9624
`Fax: 512-879-9347
`Steven.tepera@pillsburylaw.com
`
`Daniel Scardino (admitted pro hac vice)
`Reed & Scardino LLP
`P.O. Box 1567
`Austin, Texas 78767
`Phone: 512-474-2449
`dscardino@reedscardino.com
`
`Counsel for Patent Owner
`
`
`
`
`
`3
`
`
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