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` Paper ____
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` Date filed: October 24, 2017
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`Filed on behalf of: Music Choice
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`By: Brian S. Rosenbloom, Lead Counsel
`Martin M. Zoltick, Back-up Counsel
`Michael V. Battaglia, Back-up Counsel
`Jennifer B. Maisel, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: brosenbloom@rfem.com
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` mzoltick@rfem.com
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` mbattaglia@rfem.com
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` jmaisel@rfem.com
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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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`STINGRAY DIGITAL GROUP INC.,
`Petitioner,
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`v.
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`MUSIC CHOICE,
`Patent Owner.
`_______________
`
`Case IPR2017-01193
`Patent 9,357,245 B1
`_______________
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`NOTICE REGARDING FILING OF DISCLAIMER OF CLAIMS IN A
`PATENT UNDER 37 C.F.R. § 1.321(a)
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`TABLE OF EXHIBITS
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`Exhibit
`2001
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`2002
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`Description
`Claim Construction Memorandum Opinion and Order, Music Choice
`v. Stingray Digital Group Inc. et al., No. 16-cv-00586-JRG-RSP
`(E.D. Tex., Jul. 6, 2017).
`Disclaimer in Patent Under 37 C.F.R. § 1.321(a), as filed in U.S.
`Patent 9,357,245, on Oct. 24, 2017.
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`i
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`Patent Owner Music Choice provides notice to the Patent Trial and Appeal
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`Case IPR2017-01193
`Patent 9,357,245 B1
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`Board (PTAB) that a DISCLAIMER IN PATENT UNDER 37 C.F.R. § 1.321(a)
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`was filed in connection with U.S. Patent 9,357,245 (‘245 patent). The filed
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`Disclaimer disclaims claims 1-9, 12-14, 16 and 17 of the ‘245 patent. A copy of
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`the filed Disclaimer is submitted as Exhibit 2002.
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`Under 37 C.F.R. § 42.73(b), a party may request adverse judgment against
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`itself at any time during a proceeding. Actions construed to be a request for adverse
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`judgment include disclaimer of claims such that the party has no remaining claims in
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`the trial. The attached disclaimer of claims 1-9, 12-14, 16 and 17 of the ‘245 patent
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`leaves no remaining claim in the pending trial.
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`Accordingly, Patent Owner requests adverse judgment against itself with
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`respect to claims 1-9, 12-14, 16 and 17 of the ‘245 patent
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`Respectfully submitted,
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`/ Brian S. Rosenbloom /
`By:
`Date: October 24 , 2017
`Brian S. Rosenbloom, Reg. No. 41,276
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`Martin M. Zoltick, Reg. No. 35,745
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`Michael V. Battaglia, Reg. No. 64,932
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`Jennifer B. Maisel, Reg. No. 71,231
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`ROTHWELL, FIGG, ERNST &
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` MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040;
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner Music Choice
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`1
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 24th day of October, 2017, a true and correct
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`Case IPR2017-01193
`Patent 9,357,245 B1
`
`
`copy of the foregoing NOTICE REGARDING FILING OF DISCLAIMER OF
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`CLAIMS IN A PATENT UNDER 37 C.F.R. § 1.321(a) and EXHIBIT 2002
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`were served, via electronic mail, upon the following counsel of record for
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`Petitioner Stingray Digital Group Inc.:
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`Heath J. Briggs, Esq.
`Greenberg Traurig, LLP
`1200 17th St., Suite 2400
`Denver, CO 80202
`Phone: 303-685-7418
`Facsimile: 720-904-6118
`Emails: BriggsH@gtlaw.com
`Stingray-iprs@gtlaw.com
`
`Joshua L. Raskin, Esq.
`Greenberg Traurig, LLP
`MetLife Building
`200 Park Avenue
`New York, NY 10166
`Phone: 212-801-6930
`Facsimile: 212-805-5583
`Email: RaskinJ@gtlaw.com
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`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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