Anascape, Ltd v. Microsoft Corp. et al

Filing 122

NOTICE by Microsoft Corp. OF PTO ORDERS IN MICROSOFT?S REQUESTS FOR RE-EXAMINATION OF ANASCAPE PATENTS (Attachments: # 1 Exhibit A - '886 Patent Reexamination Order# 2 Exhibit B - '303 Patent Reexamination Order# 3 Exhibit C - '271 Patent Reexamination Order)(Carraway, J)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 122

Case 9:06-cv-00158-RHC

Document 122

Filed 07/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA, INC., Defendants. § § § § § § § § § § Hon. Ron Clark Civil Action No. 9:06-CV-00158-RC

DEFENDANT MICROSOFT CORPORATION'S NOTICE OF PTO ORDERS IN MICROSOFT'S REQUESTS FOR RE-EXAMINATION OF ANASCAPE PATENTS Please take notice of the following recent actions by the United States Patent and Trademark Office ("PTO") in the requests for re-examination filed by Microsoft against the asserted Anascape patents. In the last few days, three additional Anascape patents have been placed into re-examination by the PTO. On July 27, 2007, the PTO granted Microsoft's request for the ex parte re-examination of U.S. Patent No. 6,135,886. Litigation regarding this patent has not been stayed. A true and correct copy of the PTO communication ordering re-examination is attached as Exhibit A. In the communication, the PTO agrees with Microsoft that nine prior art references raise substantial new questions of patentability for the claims of the patent. See Exh. A, pp. 5-14. All nineteen claims of the patent are now under re-examination. See Exh. A, p. 6. On July 26, 2007, the PTO granted Microsoft's request for the inter partes reexamination of U.S. Patent No. 6,400,303. Litigation regarding this patent is presently stayed. A true and correct copy of the PTO communication ordering re-examination is attached as Exhibit B. In the communication, the PTO agrees with Microsoft that fifteen prior art references

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Dockets.Justia.com

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raise over twenty-seven separate substantial new questions of patentability for the claims of the patent. See Exh. B, p. 5. All claims of the patent are now under re-examination. See Exh. B, p. 15. Also on July 26, 2007, the PTO granted Microsoft's request for the ex parte reexamination of U.S. Patent No. 6,208,271. Litigation regarding this patent is presently stayed. A true and correct copy of the PTO communication ordering re-examination is attached as Exhibit C. In the communication, the PTO agrees with Microsoft that thirteen prior art references raise substantial new questions of patentability for the claims of the patent. See Exh. C, pp. 6-12. All claims of the patent are now under re-examination. See Exh. C, p. 12. The following charts identify the current status of each of the re-examinations sought by
Microsoft for the twelve asserted patents, the first chart showing the patents for which litigation

has not been stayed. Patent No. (Not Stayed) 6,102,802 6,343,991 5,999,084 6,906,700 6,135,886 6,222,525 Patent No. (Stayed) 6,347,997 6,351,205 6,400,303 6,563,415 6,208,271 6,344,791 Status of Re-examination (as of 7/23/07) All claims rejected. (7/12/07) All claims rejected. (7/18/07) Ex parte re-examination ordered. (2/23/07) Inter partes re-examination ordered. (7/13/07) Ex parte re-examination ordered. (7/27/07) Request for re-examination pending. Status of Re-examination (as of 7/23/07) All asserted claims rejected. (7/17/07) Inter partes re-examination ordered. (6/15/07) Inter partes re-examination ordered. (7/26/07) Inter partes re-examination ordered. (6/4/07) Ex parte re-examination ordered. (7/26/07) Request for re-examination pending.
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Respectfully submitted, Dated: July 30, 2007 By: /s/ J. Christopher Carraway ___________ J. Christopher Carraway (admitted pro hac vice) [e-mail] Joseph T. Jakubek (admitted pro hac vice) [e-mail] Stephen J. Joncus (admitted pro hac vice) [e-mail] Richard D. Mc Leod (Bar No. 24026836) [e-mail] Derrick W. Toddy (admitted pro hac vice) [e-mail] KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 Telephone: [phone] J. Thad Heartfield (Bar No. 09346800) [e-mail] Law Offices of J. Thad Heartfield 2195 Dowlen Road Beaumont, Texas 77706 Telephone: [phone] Facsimile: 409-866-5789 Clayton E Dark Jr. (Bar No. 05384500) [e-mail] Clayton E Dark Jr., Law Office 207 E Frank Ave # 100 Lufkin, TX 75901 Telephone: [phone] Stephen McGrath, Esq. (admitted pro hac vice) MICROSOFT CORPORATION One Microsoft Way, Building 8 Redmond, Washington 98052-6399 Telephone: [phone] Facsimile: 425-706-7329 Attorneys for Defendant Microsoft Corporation

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CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 30th day of July, 2007. Any other counsel of record will be served by first-class mail.

/s/ J. Christopher Carraway ___________

CERTIFICATE OF SERVICE