Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 878

NOTICE by Bedrock Computer Technologies, LLC NOTICE OF SECOND REEXAMINATION (Attachments: #1 Exhibit A)(Cawley, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

BEDROCK COMPUTER
TECHNOLOGIES LLC,
Plaintiff,
v.
SOFTLAYER TECHNOLOGIES, INC.,
et al.
Defendants.

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CASE NO. 6:09-cv-269-LED
Jury Trial Demanded

BEDROCK’S NOTICE OF CONCLUSION OF SECOND REEXAMINATION
Bedrock Computer Technologies LLC hereby submits notice to the Court that the
USPTO has concluded its second re-examination of the patent-in-suit (U.S. Patent No.
5,893,120, the “’120 patent”), and the claims at issue in this case (claims 1 and 2) have again
been confirmed as patentable. A copy of the second re-examination certificate is attached as
Exhibit A to this notice. While there was a dispute between the parties as to which art was and
was not before the USPTO in the first re-examination of the ’120 patent, the art relied upon by
Yahoo was undeniably in front of the USPTO in the second re-examination.

McKool 398921v2

DATED: September 20, 2011

Respectfully submitted,
McKOOL SMITH, P.C.
/s/ Douglas A. Cawley
Sam F. Baxter
Texas Bar No. 01938000
McKOOL SMITH, P.C.
[e-mail]
104 E. Houston Street, Suite 300
P.O. Box 0
Marshall, Texas 75670
Telephone: [phone]
Facsimile: [phone]
Douglas A. Cawley, Lead Attorney
Texas Bar No. 04035500
[e-mail]
Theodore Stevenson, III
Texas Bar No. 19196650
[e-mail]
Scott W. Hejny
Texas Bar No. 24038952
[e-mail]
Jason D. Cassady
Texas Bar No. 24045625
[e-mail]
J. Austin Curry
Texas Bar No. 24059636
[e-mail]
Phillip M. Aurentz
Texas Bar No. 24059404
[e-mail]
Stacie Greskowiak
Texas State Bar No. 24074311
[e-mail]
Ryan A. Hargrave
Texas State Bar No. 24071516
[e-mail]
McKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Facsimile: 214-978-4044

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Robert M. Parker
Texas Bar No. 15498000
Robert Christopher Bunt
Texas Bar No. 00787165
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
Telephone: [phone]
Facsimile: 903-533-9687
E-mail: [e-mail]
E-mail: [e-mail]
ATTORNEYS FOR PLAINTIFF
BEDROCK COMPUTER
TECHNOLOGIES LLC

McKool 398921v2

CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who are deemed to have consented to electronic
service are being served with a copy of the forgoing document via the Court’s CM/ECF system
pursuant to the Court’s Local Rules this 20th day of September, 2011.
/s/ Austin Curry
John Austin Curry

McKool 398921v2