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Full text of "USPTO Patents Application 09870801"

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PATENT 
Customer No. 22,852 
Attorney Docket No. 7451.0001-18 
InterTrust Ref. No.: 5.2.1.1 (US) 


CERTIFICATE OF EXPRESS MAILING 
I hereby certify that this correspondence is being deposited with the United States Postal Service's "Express Mail Post Office to 
Addressee" service under 37 CFR ยง 1 .10, in an envelope addressed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 
22313-1450 on March 26, 2004. Express Mail Label Nos.: EV 398888246 US 


Signed: 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 

In re Application of: 
Karl L. GINTERet al. 
Application No.: 09/678,252 
Filed: June 1, 2001 


Group Art Unit: 2132 
Examiner: DARROW, Justin T. 


For: SYSTEMS AND METHODS FOR 
SECURE TRANSACTION 
MANAGEMENT AND 
ELECTRONIC RIGHTS 
PROTECTION 

Commissioner for Patents 

P.O. Box 1450 

Alexandria, VA 22313-1450 

Sir: 

THIRD UPDATED NOTICE REGARDING RELATED LITIGATION 

Further to the submission of the prior Updated Notices Regarding Related 
Litigation, Applicants submit this Third Updated Notice to inform the Examiner of the 
status of the ongoing litigation between InterTrust and Microsoft, captioned InterTrust 
Tech. Corp. v. Microsoft Corp. (C 01-1640 SBA, N. D. Ca.). Applicants also submit 
herewith potentially relevant copies of the papers exchanged by the parties in the 
course of this litigation. 


STATUS OF RELATED LITIGATION 

Dated September 2, 2003, and attached as Exhibit 1 hereto, is InterTrust's 
Disclosures of Asserted Claims and Preliminary Infringement Contentions Pursuant to 
Patent Local Rules 3-1 and 3-2 with Exhibits A and B. Exhibit C has not been provided 
because (1) it is marked "Confidential - Subject to Protective Order" and "Attorneys 
Eyes Only" (as it pertains to proprietary Microsoft information); and (2) it is not material 
to the patentability of the pending claims, as it contains only information pertaining to 
Microsoft's current products and systems. 

On November 17, 2003, Microsoft filed Defendant Microsoft Corporation's 
Preliminary Invalidity Contentions (Patent Local Rules 3-3 and 3-4). See Exhibit 2. 

REMARKS 

Applicants submit this Third Updated Notice Regarding Related Litigation in 
fulfillment of their duty to disclose information potentially material to patentability under 
37 CFR 1 .56. Applicants encourage the Examiner to carefully review the attached 
documents, and let Applicants know if any additional information is desired. 

With this Notice, Applicants have provided copies of the papers described in the 
Status of Related Litigation section above. Furthermore, a voluminous number of 
documents have been referred to in the Microsoft paper attached as Exhibit 2 
(specifically, in Exhibit A, attached thereto). All of the references listed in Exhibit A 
which have not already been cited in this application are listed on an Information 
Disclosure Statement filed contemporaneously with this Third Updated Notice (March 
26, 2004), and copies of the cited documents were provided on CD-ROM therewith. 


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Furthermore, Applicants urge the Examiner to also review Exhibits B and C, exhibits to 
Microsoft's Preliminary Invalidity Contentions, which comprise an extensive listing of 
claim charts pertaining to the patents-in-suit. Exhibits B and C are provided in 
electronic format (via CD-ROM, sent with this Notice) due to their sizeable page length. 

As always, if the Examiner believes that any document not yet submitted may be 
helpful in resolving an issue before him and would like to review that or any other 
document, Applicants invite the Examiner to contact the undersigned at (650) 849-6643. 

If there are any fees due with the filing of this Notice which have not yet been 
paid, please charge the fees to our Deposit Account No. 06-0916. 


Respectfully submitted, 


FINNEGAN, HENDERSON, FARABOW, 
GARRETT & DUNNER, L.L.P. 


Dated: March 26, 2004 



Andrew B. Schwaab 
Reg. No. 38,611 


FINNEGAN, HENDERSON, FARABOW, 


GARRETT & DUNNER, L.L.P. 
1300 I Street, N.W. 
Washington, D.C. 20005-3315 


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