ev. 10/93) Su
`4
`_
`"s6
`
`ns in a Civil Action
`
`DOC#
`
`.uifrb Sfafrs
`
`totrid tnurt
`
`
`
`SOUTHERN
`
`-
`
`DISTRICT OF
`
`NEW YORK
`
`INFOROCKET.COM, INC.
`
`V.
`
`KEEN, INC.
`
`TO: (Name and address of defendant)
`
`KEEN, INC.
`61 First Street
`San Francisco, CA
`
`SUMMONS IN A CIVIL CASE
`
`ER:cv 51ao
`
`JURY TRIAL REQUESTED
`
`YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY
`John E. Lynch
`John Bauer
`James Zubok
`FULBRICHT & JAWORSKI, LLP
`666 Fifth Avenue
`New York, NY 10103
`(212 318-3000
`
`C=1
`L=
`(name andegdres*,)
`
`"7)
`
` days after
`an answer to the complaint which is herewith served upon you, within
`90
`service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be
`taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court
`within a reasonable period of time after service.
`
`JA S M. PA ilSON
`
`CLERK
`
`DATE
`
`8 20,
`
`(B J DE
`
`ERK
`
`This form was electronically produced by Elite Federal Forms, Inc
`
`
`4
`_
`"s6
`
`ns in a Civil Action
`
`DOC#
`
`.uifrb Sfafrs
`
`totrid tnurt
`
`
`
`SOUTHERN
`
`-
`
`DISTRICT OF
`
`NEW YORK
`
`INFOROCKET.COM, INC.
`
`V.
`
`KEEN, INC.
`
`TO: (Name and address of defendant)
`
`KEEN, INC.
`61 First Street
`San Francisco, CA
`
`SUMMONS IN A CIVIL CASE
`
`ER:cv 51ao
`
`JURY TRIAL REQUESTED
`
`YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY
`John E. Lynch
`John Bauer
`James Zubok
`FULBRICHT & JAWORSKI, LLP
`666 Fifth Avenue
`New York, NY 10103
`(212 318-3000
`
`C=1
`L=
`(name andegdres*,)
`
`"7)
`
` days after
`an answer to the complaint which is herewith served upon you, within
`90
`service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be
`taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court
`within a reasonable period of time after service.
`
`JA S M. PA ilSON
`
`CLERK
`
`DATE
`
`8 20,
`
`(B J DE
`
`ERK
`
`This form was electronically produced by Elite Federal Forms, Inc
`
`
`
`AO 440 (Rev. 10/93) Summons In a Civil Action
`
`RETURN OF SERVICE
`DATE
`
`Service of the Summons and Complaint was made by met
`t.AME OF SERVER (PRINT)
`James Zubok
`Check one box below to indicate appropriate method of service
`
`TITLE
`
`9/14/01
`
`Attorney
`
`q
`
`q
`
`Served personally upon the defendant. Place where served:
`
`of abode with a person of suitable age and
`Left copies thereof at the defendant's dwelling house or usual place
`discretion then residing therein.
`Name of person with whom the summons and complaint were left:
`
`q Returned unexecuted:
`
`Other "(specify): Sent by mail to Defendant's counsel, who accepted spry-ice on
`behalf of his client
`Mark D. Rowland, Esq., Fish & Neave, 525 Tinivers-iry_fare
`Palo Alto, CA 94301
`STATEMENT OF SERVICE FEES
`SERVICES
`
`TOTAL
`
`TRAVEL
`
`DECLARATION OF SERVER
`
`America that the foregoing
`States of
`I declare under penalty of perjury under the laws of the United
`and correct.
`rvic Fee) je..3rue
`information contained in the Return of Service and Statement of
`
`Executed on 10/3/01
`Date
`
`of
`Ser
`S
`& Jaworski LLP
`Fulbright
`Avenue, New York, N.Y. 10103
`666 Fifth
`Address al Server
`
`(1)
`
`As to who may serve a summons see Rule 4 of the Federal Rules of Cnni Procedure
`
`
`
`Case: 15-1242 Document: 50 Page: 307 Filed: 07/20/2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`ORACLE CORPORATION;
`ORACLE OTC SUBSIDIARY LLC;
`INGENIO, LLC.; and
`YELLOWPAGES.COM LLC;
`Petitioner
`
`v.
`
`CLICK-TO-CALL TECHNOLOGIES LP
`Patent Owner
`
`
`
`
`CASE IPR2013-00312
`Patent No. 5,818,836
`
`
`
`
`PETITIONERS’ REPLY TO PATENT OWNER’S RESPONSE
`
`
`
`
`
`
`
`EAST\74267423.4
`
`A303
`
`Page 3
`
`ConocoPhillips Company COP-2006,
`In-Depth Geophysical, Inc. and In-Depth Compressive Seismic, Inc. ConocoPhillips Company
`Case IPR2019-00849
`
`
`
`Case: 15-1242 Document: 50 Page: 308 Filed: 07/20/2015
`
`IPR2013-00312
`U.S. Pat. No. 5,818,836
`
`TABLE OF CONTENTS
`
`
`Page
`
`
`INTRODUCTION .......................................................................................... 1
`I.
`STATEMENT OF LAW ................................................................................ 1
`II.
`III. PATENT OWNER FAILED TO ESTABLISH DILIGENCE ...................... 4
`A.
`Patent Owner Failed To Prove Reasonable Diligence In
`Constructively Reducing The ’836 Patent To Practice ........................ 5
`Patent Owner Failed To Provide Evidence Of Reasonable
`Diligence In Actually Reducing The ’836 Patent To Practice ............. 7
`IV. PATENT OWNER HAS NOT ESTABLISHED CONCEPTION .............. 14
`V.
`PETITIONERS ARE NOT BARRED BY 35 U.S.C. § 315(B) FROM
`PURSUING THIS INTER PARTES REVIEW ........................................... 15
`VI. CONCLUSION ............................................................................................. 15
`
`B.
`
`
`
`
`
`-i-
`
`
`
`A304
`
`Page 4
`
`ConocoPhillips Company COP-2006,
`In-Depth Geophysical, Inc. and In-Depth Compressive Seismic, Inc. ConocoPhillips Company
`Case IPR2019-00849
`
`
`
`Case: 15-1242 Document: 50 Page: 309 Filed: 07/20/2015
`IPR2013-00312
`U.S. Pat. No. 5,818,836
`
`In addition, Patent Owner has not established conception of “the user-
`
`selectable element is visually associated . . . with the first information and the
`
`second information, when the first information, second information and third
`
`information are presented within the graphical user interface.” This limitation
`
`requires that the button and the first/second information all be first displayed at the
`
`same time. See Ex. 1025 at 4 (visual association of “the user-selectable element
`
`with the second and third [sic, first] information before all three elements are fully
`
`displayed would fail to read on the explicit language of the claims”). Because
`
`DuVal’s user-selectable element/button is part of the client software, it is displayed
`
`when that software begins to run, i.e., before display of the chat messages/second
`
`information. Thus, conception has not been established.
`
`V.
`
`PETITIONERS ARE NOT BARRED BY 35 U.S.C. § 315(B)
`FROM PURSUING THIS INTER PARTES REVIEW
`
`This Board previously held that the Petition was not barred by 35 U.S.C. §
`
`315(b). Paper 26 at 16. Since then, the Board has again held that a voluntarily dis-
`
`missed complaint is not a bar under 35 U.S.C. § 315(b). Clio USA, Inc. v. The
`
`Procter and Gamble Co., IPR2013-00438, Paper No. 15 at 2-3. The Response also
`
`does not say why 35 U.S.C. § 315(b) is a bar against the Oracle parties, who were
`
`not served with a complaint more than a year prior to the Petition. There is no bar.
`
`VI. CONCLUSION
`
`
`
`For the foregoing reasons, the Challenged Claims should be canceled.
`
`PETITIONERS’ REPLY
`
`EAST\74267423.4
`
`15
`
`
`
`A305
`
`Page 5
`
`ConocoPhillips Company COP-2006,
`In-Depth Geophysical, Inc. and In-Depth Compressive Seismic, Inc. ConocoPhillips Company
`Case IPR2019-00849
`
`
`
`Case: 15-1242 Document: 50 Page: 310 Filed: 07/20/2015
`
`Trial@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 40
`
`
`
`
` Entered: December 18, 2013
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ORACLE CORPORATION,
`ORACLE OTC SUBSIDIARY LLC,
`INGENIO LLC, and
`YELLOWPAGES.COM LLC
`Petitioners
`
`v.
`
`CLICK-TO-CALL TECHNOLOGIES LP
`Patent Owner
`____________
`
`Case IPR2013-00312
`U.S. Patent No. 5,818,836
`____________
`
`
`
`Before MICHAEL R. ZECHER, THOMAS L. GIANNETTI, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`
`DECISION
`Patent Owner’s Request for Rehearing
`37 C.F.R. § 42.71
`
`
`
`
`
`A306
`
`Page 6
`
`ConocoPhillips Company COP-2006,
`In-Depth Geophysical, Inc. and In-Depth Compressive Seismic, Inc. ConocoPhillips Company
`Case IPR2019-00849
`
`
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