Mekiki Co. Ltd. et al v. Facebook Inc.

Filing 67

Declaration of Elizabeth L. Stameshkin in Support of 66 MOTION to Stay Pending Reexamination MOTION to Bifurcate Damages from Liability filed byFacebook Inc.. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 1-B, # 3 Exhibit 2-A, # 4 Exhibit 2-B, # 5 Exhibit 3-A, # 6 Exhibit 3-B, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11)(Related document(s) 66 ) (Stameshkin, Elizabeth) (Filed on 2/8/2011)

EXHIBIT 1-A

PTO/SB/58 (02-09)
Approved for use through 02/28/2013. OMB 0651-0064
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
(Also referred to as FORM PTO-1465)

REQUEST FOR INTER PARTES REEXAMINATION TRANSMITTAL FORM
Address to:

Mail Stop Inter Partes Reexam
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
1.

Date:

February 7, 2011

This is a request for inter partes reexamination pursuant to 37 CFR 1.913 of patent number

February 17, 2009
issued ________________________.
2.

Attorney Docket No.: 309101.211-2

7,493,342

The request is made by a third party requester, identified herein below.

a. The name and address of the person requesting reexamination is:

Heidi L. Keefe/Cooley LLP
777 6th Street NW, Suite 1100
Washington D.C. 20001
b. The real party in interest (37 CFR 1.915(b)(8)) is: FACEBOOK,

INC.

A check in the amount of $____________ is enclosed to cover the reexamination fee, 37 CFR 1.20(c)(2);
The Director is hereby authorized to charge the fee as set forth in 37 CFR 1.20(c)(2)
50-1283
to Deposit Account No. ________________________ ; or

c.
4.

a.
b.

3.

Payment by credit card. Form PTO-2038 is attached.

Any refund should be made by
check or
credit to Deposit Account No. 50-1283
37 CFR 1.26(c). If payment is made by credit card, refund must be to credit card account.

5.

A copy of the patent to be reexamined having a double column format on one side of a separate paper is
enclosed. 37 CFR 1.915(b)(5)

6.

CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large table
Landscape Table on CD

7.

Nucleotide and/or Amino Acid Sequence Submission
If applicable, items a. – c. are required.
a.

Computer Readable Form (CRF)

b. Specification Sequence Listing on:
i.

c.

CD-ROM (2 copies) or CD-R (2 copies); or

ii.

paper

Statements verifying identity of above copies

8.

A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included.

9.

4, 5, 12, and 13
Reexamination of claim(s) ____________________________________________________is requested.

10.

A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on
Form PTO/SB/08, PTO-1449, or equivalent.

11.

An English language translation of all necessary and pertinent non-English language patents and/or printed
publications is included.
[Page 1 of 2]

This collection of information is required by 37 CFR 1.915. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 18 minutes to complete, including
gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount
of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark
Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
TO: Mail Stop Inter Partes Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

PTO/SB/58 (02-09)
Approved for use through 02/28/2013. OMB 0651-0064
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

The attached detailed request includes at least the following items:

12.

a. A statement identifying each substantial new question of patentability based on prior patents and printed
publications. 37 CFR 1.915(b)(3)
b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency
and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.915(b)(1) & (3).
13.

It is certified that the estoppel provisions of 37 CFR 1.907 do not prohibit this reexamination. 37 CFR 1.915(b)(7)

14.

a. It is certified that a copy of this request has been served in its entirety on the patent owner as provided in
37 CFR 1.33(c).
The name and address of the party served and the date of service are:

Oblon, Spivak, McClelland, Maier & Neustadt LLP
1940 Duke Street
Alexandria, VA 22314
Date of Service:

February 7, 2011

; or

b. A duplicate copy is enclosed because service on patent owner was not possible. An explanation of the efforts
made to serve patent owner is attached. See MPEP 2620.

15. Third Party Requester Correspondence Address: Direct all communications about the reexamination to:

The address associated with Customer Number:

58,249

OR
Firm or
Individual Name
Address

City

State

Zip

Country
Telephone
16.

Email

The patent is currently the subject of the following concurrent proceeding(s):
a. Copending reissue Application No.
b. Copending reexamination Control No.
c. Copending Interference No.
d. Copending litigation styled:

Mekiki Co., Ltd. and Mekiki Creates Co., Ltd. v. Facebook, Inc.,
No. 10-cv-2721-LHK (USDC - No. Dist. of California)
WARNING: Information on this form may become public. Credit card information should not be
included on this form. Provide credit card information and authorization on PTO-2038.

February 7, 2011

/Heidi L. Keefe/
Authorized Signature

Date

40,673

Heidi L. Keefe
Typed/Printed Name

Registration No., if applicable
[Page 2 of 2]

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