`
`Trial No.:
`In re Patent of:
`
`U.S. Patent No.:
`Issue Date:
`Serial No.:
`
`Filing Date:
`Title:
`
`filed electronically
`
`to be assigned
`Davies
`
`7,250,105
`July 31, 2007
`10/431,140
`
`May 7, 2003
`MEASUREMENT OF SUBSTANCES IN LIQUIDS
`
`NOTICE UNDER 37 CFR 42.11
`
`Pharmatech Solutions, Inc. (“Requester” and “Petitioner”) requested Inter
`
`Partes Review of all claims (claims 1-3) of U.S. Patent Number 7,250,105 (“the
`
`‘ 105 Patent”) on April 12, 2013.
`
`The claim construction set forth in the Request is not inconsistent with any
`
`position that Requester has taken since: (a) the standards for construing claims at
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`the USPTO are Very different from the standards associated with litigation (as
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`discussed at length at p. 6 of the Request); and (b) Requester has not previously
`
`taken any position regarding construction in the context of aUSPTO proceeding.
`
`Requester has argued——and still maintains——that “proportion(al)” should be
`
`construed as “in a fixed ratio” in litigation. This notice is made in an abundance of
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`caution to ensure full compliance with Requester’s duty of candor, though this
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`information is not believed to be relevant to this USPTO proceeding due to the
`
`20167728v1
`
`1
`
`
`
`differences in claim construction standards.
`
`The following documents from
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`Lzfescan, Inc. V. Shasta Techs., LLC, 5:1 l—cV—04494—EJD (N.D.Cal) are enclosed to
`
`provide additional context and information:
`
`0 Exh. 1026: Defendants’ Claim Construction Brief (Doc. 249); and
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`0 Exh. 1027: Lifescan’s Reply Markman Brief (Doc. 257).
`
`No fees are believed to be due. But if any unpaid fee is necessary for
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`Requester’s petition for Inter Partes Review to be considered or maintained, please
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`charge Deposit Account No. 12-0600.
`
`Date: EC: {>39§3»%ilW%Z&:*a“:§
`
`Respectfully submitted,
`LATPIROP & GAGE LLP
`
`
`
`
`0. 53,476
`A. Justin Poplin, Reg.
`2345 Grand Boulevard, Suite 2400
`
`Kansas City, Missouri 64108
`Tel No: (913)451-5130
`Fax No: (816) 292-2001
`
`20167728vl
`
`2
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