Microsemi hereby certifies that the ’108 patent is available for IPR and Microsemi is not barred or estopped from requesting IPR of claim 1 on the grounds identified herein. Microsemi is not the owner of the ’108 patent. Microsemi has not previously filed a civil action challenging the validity of any claims of the ’108 patent. Microsemi submits this petition less than one year after first being served with a complaint alleging infringement of the ’108 patent.
Microsemi also is the sole real party of interest of this petition, and is not in privity with any other party against whom the ’108 patent has been asserted. The estoppel provisions of 35 U.S.C. § 315(e)(1) do not prohibit this IPR.
Now we separate the boys from the men...
doni