Case: 12-1634

Document: 29

Page: 1

Filed: 02/11/2013

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

RAMBUS, INC. v. KAPPOS

) ) ) )

Appeal No. 2012-1634

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ACTING DIRECTOR'S UNOPPOSED MOTION TO ENLARGE THE TIME FOR FILING THE ACTING DIRECTOR'S BRIEF

The Acting Director of the United States Patent and Trademark Office, pursuant to Fed. Cir. R. 26, requests that the time for filing the Acting Director's brief in the above-captioned appeal, now due February 20, 2013, be extended fourteen (14) days to March 6, 2013. This is the Acting Director's second request for an enlargement of time in this case. Because of the extremely heavy workload in the Solicitor's Office, counsel for the Acting Director requires this enlargement of time to file his brief. Appellant's counsel, James R. Barney, was contacted on February 8, 2013 and he indicated that Appellant does not oppose this request for enlargement of time.

Effective February 1,2013, Teresa Stanek Rea became the Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office pursuant to 35 U.S.C. 3(b)(1). Therefore, in her official capacity as Acting Under Secretary and Acting Director, she is automatically substituted as a party for David J. Kappos pursuant to Federal Rule of Appellate Procedure 43 (c)(2).
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Case: 12-1634

Document: 29

Page: 2

Filed: 02/11/2013

This motion is accompanied by a proposed Order.

Dated: February 11, 2013

Respectively submitted,

/s/ WILLIAM La MARCA RAYMOND T. CHEN Solicitor WILLIAM La MARCA COKE MORGAN STEWART Associate Solicitors Office of the Solicitor-Mail Stop 8 United States Patent and Trademark Office P.O. Box 1450 Alexandria, Virginia 22313-1450 (571) 272-9035 Attorneys for the Acting Director of the United States Patent and Trademark Office

Case: 12-1634

Document: 29

Page: 3

Filed: 02/11/2013

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

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RAMBUS, INC. v. KAPPOS

Appeal No. 2012-1634

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ORDER Upon consideration ofthe Acting Director's Unopposed Motion for fourteen days enlargement oftime, it is ORDERED that the Acting Director's motion is granted and that the Acting Director's brief is due on March 6, 2013.

FOR THE COURT Date: _ _ _ _ _ ___ Jan Horbaly, Esq. Clerk, United States Court of Appeals for the Federal Circuit cc: Office of the Solicitor-Mail Stop 8, United States Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450 James R. Barney james.bamey@finnegan.com Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 901 New York Avenue, N.W. Washington, D.C. 20001

Case: 12-1634

Document: 29

Page: 4

Filed: 02/11/2013

CERTIFICATE OF SERVICE

I hereby certify that on February 11,2013, I electronically filed the foregoing UNOPPOSED MOTION TO ENLARGE THE TIME FOR FILING THE ACTING DIRECTOR'S BRIEF using the Court's CMlECF filing system. Counsel for the Appellant was electronically served via e-mail per Fed. R. App. P. 25 and Fed. Cir. R. 25(a) and 25(b).

lsi WILLIAM La MARCA William La Marca Associate Solicitor United States Patent & Trademark Office Mail Stop 8 P.O. Box 1450 Alexandria, Virginia 22313-1450