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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TOYOTA MOTOR CORPORATION
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`Petitioner
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`v.
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`AMERICAN VEHICULAR SCIENCES
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`Patent Owner
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`Patent No. 6,772,057 and 5,845,000
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`JOINT SUMMARY OF ISSUES FOR THE CONFERENCE CALL
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`Case No. IPR2013-00419 and IPR2013-00424
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`Parties Joint Statement of Facts
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`Two disputes have arisen in connection with the May 5th deposition by Petitioner
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`of Patent Owner’s expert witness, Dr. Koutsougeras, who submitted declarations in
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`each of IPR2013-00419 and IPR2013-00424. First, at one point in the deposition,
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`the parties had a disagreement about the propriety of a line of questioning by
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`Petitioner relating to the obviousness to one of ordinary skill in the art of a
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`limitation required by many of the challenged claims. Toyota asked whether “[a]s
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`of 1993, would it have been obvious to one of ordinary skill in the art to at least try
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`generating the pattern recognition algorithm of Lemelson using real objects?”
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`(correcting a transcription error in the rough). AVS’s expert responded that
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`“Obviousness was not alleged by Toyota ....” AVS stopped the deposition to seek
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`a protective order. It was after 6:00 pm EST, and the parties were unable to reach
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`the Board. Toyota then asked a similar question (again corrected from the rough),
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`“Doctor, as of 1993 would it have obvious to one of ordinary skill in the art to at
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`least try generating the pattern recognition algorithm from data of possible exterior
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`objects and patterns of received waves from the possible exterior objects?” AVS
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`instructed the witness not to answer. Toyota continued the deposition on other
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`topics. Second, on the day of the deposition, Patent Owner provided Petitioner
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`with an errata sheet to Dr. Koutsougeras’s declaration in the -419 IPR proceeding,
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`and later elicited testimony about the same.
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`1
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`DATE: May 7, 2014
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`Respectfully submitted,
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`Thomas J. Wimbiscus
`MCANDREWS HELD & MALLOY
`500 West Madison, 34th Floor
`Chicago, IL 60661
`Telephone: (312) 775-8000
`Attorney for Patent Owner AVS
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`Matt Berkowitz
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`Attorney for Petitioner Toyota Corp.
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`CERTIFICATE OF SERVICE
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`I hereby certify that the JOINT SUMMARY OF ISSUES FOR CONFERENCE
`CALL in connection with Inter Partes Review Case IPR2013-00419 and
`IPR2013-00424 was served on this 7th day of May by electronic mail to the
`following:
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`A. Antony Pfeffer
`apfeffer@kenyon.com
`Matthew Berkowitz
`mberkowitz@kenyon.com
`Thomas R. Makin
`tmakin@kenyon.com
`ptab@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
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`/Thomas J. Wimbiscus/
`Thomas J. Wimbiscus
`Registration No. 36,059
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