Personalized User Model LLP v. Google Inc.

Filing 378

Letter to The Honorable Leonard P. Stark from David E. Moore, Esquire regarding Plaintiff's request for a trial date and case status - re 371 Letter, 369 Letter. (Moore, David)

1313 North Market Street
P.O. Box 951
Wilmington, DE 19899-0951
302 984 6000
www.potteranderson.com
David E. Moore
Partner
Attorney at Law
[e-mail]
302 984-6147 Direct Phone
302 658-1192 Fax

August 21, 2012
VIA ELECTRONIC FILING
The Honorable Leonard P. Stark
United States District Court
District of Delaware
844 North King Street
Wilmington, DE 19801
Re:

Personalized User Model LLP v. Google Inc., C.A. No. 09-00525-LPS

Dear Judge Stark:
I write on behalf of Defendant Google in reference to Plaintiff’s request for a trial date
(D.I. 369). In my prior response letter of July 31, 2012 (D.I. 371), I informed the Court that the
PTO had issued Actions Closing Prosecution (ACPs) rejecting every asserted ‘276 claim. On
August 17, 2012, the PTO issued a Final Office Action and Right to Appeal Notice (RAN) on
the same grounds.1 As stated in my July 31 letter, Google respectfully submits that, rather than
setting a trial date, the case law from this District counsels in favor of staying patent litigation
where (as here) a parallel reexamination of the asserted patent(s) has progressed to the Final
Office Action and RAN stage. (D.I. 371 at 2).2
Respectfully,
/s/ David E. Moore
David E. Moore
DEM/nmt/1071809/34638
cc:

Clerk of the Court (via hand delivery)
Counsel of Record (via electronic mail)
1

The re-examination of the other asserted patent, the ‘040 Patent, has been listed on the
PTO website as “Ready for Examiner Action After ACP” since June 22, 2012 – just one month
after the ‘276 re-examination was so listed as ready for examiner action. Thus, Google expects a
Final Office Action and RAN in the ‘040 re-examination soon as well.
2

Under PTO Rules, Plaintiff’s appeal of the Final Office Action for the ‘276 Patent
must be docketed no later than September 17, 2012.