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.
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 refen-ed 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.
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.
FINNEGAN, HENDERSON, FARABOW.
GARRETT & DUNNER, LLP.
Dated: March 26, 2004 By:,
Reg. No. 38,611
FINNEGAN. HENDERSON, FARABOW.
GARRETT & DUNNER. L.L.P.
13001 Street. N.W.
Washington, D.C. 20005-3315