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`
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`Paper No.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SONY CORPORATION
`Petitioner
`
`v.
`
`Patent of YISSUM RESEARCH DEVELOPMENT COMPANY OF THE
`HEBREW UNIVERSITY OF JERUSALEM
`Patent Owner
`___________________
`
`Case IPR2013-00219 (SCM)1
`Patent 7,477,284
`Title: SYSTEM AND METHOD FOR CAPTURING AND VIEWING
`STEREOSCOPIC PANORAMIC IMAGES
`_____________________
`
`
`
`PATENT OWNER’S RESPONSE TO PETITIONER’S
`REQUEST FOR REHEARING
`
`
`
`
`
`
`
`1 The IPR2013-00327 proceeding has been joined with this proceeding.
`
`
`

`

`
`
`PATENT OWNER’S RESPONSE
`TO REQUEST FOR REHEARING
`IPR2013-00219 (Patent 7,477,284)
`
`On October 7, 2013, the Petitioner filed a Request for Rehearing Pursuant to
`
`
`
`
`37 C.F.R. § 42.71(d), regarding the fact that in its Decision to Institute Inter Partes
`
`Review of U.S. Patent No. 7,477,284 (Paper No. 16), the Board did not institute
`
`review of certain grounds stated in the petition.
`
`
`
`The Petitioner’s disagreement stems from the prior art reference Ishiguro.
`
`The Decision presented several reasons not to institute review based on Ishiguro,
`
`including that Ishiguro is redundant to the prior art in the adopted grounds,
`
`including Kawakita. Petitioner argues that Ishiguro is “better in some respect”
`
`than Kawakita because the Patent Owner has challenged whether Kawakita
`
`qualifies as a prior art printed publication.
`
`
`
`The Board has found in its Decision that “Petitioner has established by a
`
`preponderance of the evidence that the Kawakita reference was publically
`
`accessible prior to the effective date of the invention.” Paper 16 at 19, citing to
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`related IPR2013-00218, Paper 16 at 17.
`
`In response, for reasons of efficiency and without conceding the issue for other
`
`purposes, the Patent Owner will agree not to contest in this proceeding whether
`
`Kawakita is a prior art printed publication, provided that:
`
`1. the Board denies the Petitioner’s Motion for Rehearing;
`
`

`

`
`
`PATENT OWNER’S RESPONSE
`TO REQUEST FOR REHEARING
`IPR2013-00219 (Patent 7,477,284)
`
`2. the Patent Owner reserves the right to contest Kawakita on a substantive
`
`basis; and
`
`3. the Patent Owner reserves the right to contest the prior art status of Kawakita
`
`in any other proceedings, including district court litigation.
`
`
`Respectfully submitted,
`
`
`
`
`/David L. McCombs/
`
`David L. McCombs
`Registration No. 32,271
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`PATENT OWNER’S RESPONSE
`TO REQUEST FOR REHEARING
`IPR2013-00219 (Patent 7,477,284)
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`SONY CORPORATION
`Petitioner
`v.
`Patent of YISSUM RESEARCH DEVELOPMENT COMPANY OF THE
`HEBREW UNIVERSITY OF JERUSALEM
`Patent Owner
`___________________
`Case IPR2013-00219 (SCM)2
`Patent 7,477,284
`Title: SYSTEM AND METHOD FOR CAPTURING AND VIEWING
`STEREOSCOPIC PANORAMIC IMAGES
`_____________________
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that
`service was made on the Petitioner as detailed below.
`Date of service October 16, 2013
`
`Manner of service Electronic Mail (Sony-HumanEyes@kenyon.com)
`
`Documents served PATENT OWNER’S RESPONSE TO PETITIONER’S
`REQUEST FOR REHEARING
`Persons served Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`/David L. McCombs/
`David L. McCombs
`Registration No. 32,271
`
`
`
`
`
`
`2 The IPR2013-00327 proceeding has been joined with this proceeding.
`
`
`

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