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`Trial No.:
`In re Patent of:
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`U.S. Patent No.:
`Issue Date:
`Serial No.:
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`Filing Date:
`Title:
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`filed electronically
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`to be assigned
`Davies
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`7,250,105
`July 31, 2007
`10/431,140
`
`May 7, 2003
`MEASUREMENT OF SUBSTANCES IN LIQUIDS
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`NOTICE UNDER 37 CFR 42.11
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`Pharmatech Solutions, Inc. (“Requester” and “Petitioner”) requested Inter
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`Partes Review of all claims (claims 1-3) of U.S. Patent Number 7,250,105 (“the
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`‘ 105 Patent”) on April 12, 2013.
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`The claim construction set forth in the Request is not inconsistent with any
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`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
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`taken any position regarding construction in the context of aUSPTO proceeding.
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`Requester has argued——and still maintains——that “proportion(al)” should be
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`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
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`20167728v1
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`differences in claim construction standards.
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`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
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`provide additional context and information:
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`0 Exh. 1026: Defendants’ Claim Construction Brief (Doc. 249); and
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`0 Exh. 1027: Lifescan’s Reply Markman Brief (Doc. 257).
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`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.
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`Date: EC: {>39§3»%ilW%Z&:*a“:§
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`Respectfully submitted,
`LATPIROP & GAGE LLP
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`
`
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`0. 53,476
`A. Justin Poplin, Reg.
`2345 Grand Boulevard, Suite 2400
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`Kansas City, Missouri 64108
`Tel No: (913)451-5130
`Fax No: (816) 292-2001
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