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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`TOYOTA MOTOR CORPORATION
`Petitioner
`
`
`v.
`
`
`AMERICAN VEHICULAR SCIENCES LLC
`Patent Owner
`
`
`
`Patent Number: 8,036,788
`Title: VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE
`TRANSMISSION SYSTEMS AND METHODS
`
`
`
`
`
`
`
`Case IPR2013-00417
`
`_________________________________________________________________
`
`
`JOINT STATEMENT INTRODUCING SUPPLEMENTAL
`INFORMATION/EVIDENCE
`
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`American Vehicular Sciences LLC
`IPR2013-00417
`
`Pursuant to 37 C.F.R. § 42.223 and the Board’s Order on Conduct of
`
`Proceedings dated June 26, 2014 in the above-captioned inter partes review
`
`proceeding (Paper No. 41), the parties hereby jointly state as follows:
`
`The only issue for decision with respect to the original claims in this IPR is
`
`whether the Fry reference (Ex. 1005) is prior art to claim 9—i.e., whether the Fry
`
`reference was publicly accessible prior to June 7, 1995. Submitted herewith are 12
`
`recipient date-stamped copies of the Fry reference (or cover pages thereof)
`
`obtained by counsel for Petitioner from libraries in the United States and
`
`abroad. There are no recipient date-stamped copies of the Fry reference before
`
`June 7, 1995 in the record before the Board.
`
`
`
`
`
`
`
`Dated: July 3, 2014
`
`
`
`
`
`
`
`
`
`
`
`/Thomas J. Wimbiscus/
`
`Thomas J. Wimbiscus (Reg. No.
`36,059)
`
`MCANDREWS HELD & MALLOY
`500 West Madison, 34th Floor
`Chicago, IL 60661
`Telephone: (312) 775-8000
`Attorney for Patent Owner AVS
`
`
`
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`/A. Antony Pfeffer/
`A. Antony Pfeffer (Reg. No. 43,857)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`Attorney for Petitioner Toyota Corp.
`
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`American Vehicular Sciences LLC
`IPR2013-00417
`
`CERTIFICATE OF SERVICE
`
`I hereby
`
`certify
`
`that
`
`Joint Statement
`
`Introducing Supplement
`
`Evidence/Information was served on this 3rd day of July, 2014 by electronic mail
`
`to the following:
`
`Lead Counsel
`A. Antony Pfeffer (Reg. No. 43,857)
`apfeffer@kenyon.com
`ptab@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`
`
`
`
`
`
`MCANDREWS HELD & MALLOY
`
`
`
`
`
`
`Telephone: 312-775-8000
`
`
`Facsimile: 312-775-8100
`
`
`
`CUSTOMER NUMBER: 23446
`
`Date: July 3, 2014
`
`
`
`
`
`Back-up Counsel
`Thomas R. Makin
`tmakin@kenyon.com
`Matt Berkowitz (Reg. No. 57,215)
`mberkowitz@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`
`
`
`
`
`
`/Thomas J. Wimbiscus/
`Thomas J. Wimbiscus
`Registration No. 36,059
`
`
`
`
`
`
`
`
`
`
`
`
`

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