Anascape, Ltd v. Microsoft Corp. et al

Filing 63

NOTICE by Microsoft Corp. that Requests for Reexamination Of All Twelve Patents-In-Suit Have Been Filed in the PTO (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Jakubek, Joseph)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 63

Case 9:06-cv-00158-RHC

Document 63

Filed 02/02/2007

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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'S NOTICE THAT REQUESTS FOR REEXAMINATION ON ALL TWELVE PATENTS-IN-SUIT HAVE BEEN FILED IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Defendant Microsoft Corporation ("Microsoft") provides this notice to the Court and the parties that on January 31, 2007, Microsoft filed the last of the reexamination requests for all twelve patents-in-suit with the United States Patent and Trademark Office ("PTO"). These twelve requests ask the PTO to reexamine all claims that Anascape has asserted against Defendants in this litigation. Set forth below is a chart listing the patents-in-suit, whether the request for was filed as an inter partes or ex parte proceeding, and the date the request was filed. Every patent-in-suit that was eligible for inter partes reexamination pursuant to 37 C.F.R. § 1.913 was filed as an inter partes request. Patent-in-Suit 5,999,084 6,102,802 6,135,886 6,208,271 6,222,525 6,343,991 MICROSOFT'S NOTICE OF FILING OF PATENT REEXAMINATION REQUESTS Procedure Ex Parte Ex Parte Ex Parte Ex Parte Ex Parte Inter Partes -1Date Filed 12/15/06 12/13/06 1/29/07 1/31/07 1/31/07 1/29/07

Dockets.Justia.com

Case 9:06-cv-00158-RHC

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Filed 02/02/2007

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6,344,791 6,347,997 6,351,205 6,400,303 6,563,415 6,906,700

Inter Partes Inter Partes Inter Partes Inter Partes Inter Partes Inter Partes

1/31/07 1/12/07 1/31/07 1/31/07 1/31/07 1/31/07

Pursuant to 35 U.S.C. §§ 303 and 312, the PTO should decide whether or not to order reexamination within three months of the date of filing of the requests. As required by PTO rules, a copy of each reexamination request was mailed to Anascape on the day it was filed with the PTO. A copy of each reexamination request was also mailed to Anascape's attorneys. Attached as Exhibits 1-12 are the respective transmittal letters for each reexamination request. Microsoft would be happy to provide the complete reexamination requests and claim charts to the Court if it would like to see them. Respectfully submitted, Dated: February 2, 2006 By: /s/ Joseph T. Jakubek ________________ J. Christopher Carraway (admitted pro hac vice) [e-mail] Joseph T. Jakubek (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]

MICROSOFT'S NOTICE OF FILING OF PATENT REEXAMINATION REQUESTS

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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

MICROSOFT'S NOTICE OF FILING OF PATENT REEXAMINATION REQUESTS

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Case 9:06-cv-00158-RHC

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Filed 02/02/2007

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CERTIFICATE OF SERVICE The undersigned certifies that on the 2nd day of February, 2007, the foregoing pleading was electronically filed with the Court. Pursuant to Local Rule CV-5, this constitutes service on the following counsel: Luke Fleming McLeroy McKool Smith - Dallas 300 Crescent Court Suite 1500 Dallas, TX 75201

By:

/s/ Joseph T. Jakubek Joseph T. Jakubek (admitted pro hac vice) [e-mail] KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 Telephone: [phone]

CERTIFICATES OF SERVICE