New Pacer--DEFENDANTS’ SUPPLEMENT TO THE SUPPLEMENTAL JOINT CASE MANAGEMENT CONFERENCE STATEMENT
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION
ACER, INC., ACER AMERICA CORPORATION AND GATEWAY, INC.,
Plaintiffs,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION,
and ALLIACENSE LIMITED,
Defendants.
DEFENDANTS’ SUPPLEMENT TO THE SUPPLEMENTAL JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Date: September 18, 2009
Time: 10:30 a.m.
Dept: Courtroom 3, 5th Floor
Before: Honorable Jeremy Fogel
BARCO, N.V.,
Plaintiff,
v.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION,
and ALLIACENSE LIMITED,
Defendants.
TPL’S SUPPLEMENT TO CMC STATEMENT;
Defendants Technology Properties Limited (“TPL”), Patriot Scientific Corporation, and Alliacense Limited (collectively, “Defendants”) hereby submit the following Supplement to the Supplemental Joint Case Management Conference Statement filed on September 8 to notify the Court that the U.S. Patent Office has issued a Notice of Intent to Reissue an Ex Parte Reexamination Certificate (“NIRC”) for U.S. Patent 5,809,336 (“the ’336 Patent-in-Suit”). A copy of the NIRC has been attached as Exhibit A for the Court’s reference. As described in the September 8 Joint Case Management Conference Statement (“Statement”), five ex parte requests for reeexamination have been filed on the ’336 Patent-in- Suit. Three of those pending reexaminations were administratively merged on April 11, 2008 (Reexams # 90/008,237, 90/008,306, and 90/008,474) while the fourth1 and fifth requests were recently denied. See Docket Nos. 147 (case no. 5:08-cv-0877) and No. 60 (case no. 5:08-cv- 05398). On September 11, 2009, the Patent Office issued the NIRC on the ’336 Patent-in-Suit in the merged proceedings, stating that “prosecution on the merits is (or remains) closed in this ex parte reexamination proceeding … A Certificate will be issued in view of … (e) Other: Examiner’s Amendment of 8/6/09.” Exh. A at 3. The examiner also recited the reasons for patentability and set forth that asserted claims 1, 6, and 10 will re-issue. Id. There has been no change in the status of the fourth and fifth requests since the September 8 Joint Case Management Statement. Defendants believe that the re-issuance of the ’336 Patent-in-Suit may expedite the eventual resolution of this dispute and potentially impact settlement positions. Thus, as described in the Defendants’ portion of the September 8 Statement, Defendants request that the Court enter no more than a brief 45-day extension in the current stay to allow the ’336 Patent-in-Suit to reissue. Thereafter, this case should resume as quickly as possible for the reasons set forth in the Defendants’ portion of the September 8 Statement. 1 On August 25, 2009, the requestor re-filed a corrected reexamination request that is currently pending.
Dated: September 15, 2009
FARELLA BRAUN & MARTEL LLP
By: /s/ John Cooper
John L. Cooper
Attorneys for Defendants
TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED
I represent that concurrence in the filing of this document has been obtained from each of the other signatories which shall serve in lieu of their signatures on this document.
KIRBY NOONAN LANCE & HOGE, LLP
By: /s/ Charles Hoge
Charles T. Hoge
Attorneys for Defendant
PATRIOT SCIENTIFIC CORPORATION |
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