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`Trials@uspto.gov
`Tel: 571.272.7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MCCLINTON ENERGY GROUP LLC, JAYCAR ENERGY GROUP LLC,
`SURF FRAC WELLHEAD EQUIPMENT CO., MOTOR MILLS
`SNUBBING LLC, STAN KEELING AND TONY D. MCCLINTON,
`Petitioners
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`v.
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`MAGNUM OIL TOOLS INTERNATIONAL LTD.,
`Patent Owner
`_____________
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`Case IPR2014-00993
`Patent 8,459,346
`_____________
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`SALLY C. MEDLEY Administrative Patent Judge.
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`PETITIONERS’ RESUBMISSION OF EXHIBIT 1025
`37 C.F.R. §§ 42.6, 42.63
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`Pursuant to 37 C.F.R. §§ 42.6, 42.63, McClinton Energy Group LLC, Jaycar
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`Energy Group LLC, Surf Frac Wellhead Equipment Co., Motor Mills Snubbing
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`LLC, Stan Keeling and Tony D. McClinton (collectively, “Petitioners”) request
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`that the Board accept the attached Exhibit 1025 to their Inter Partes Review
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`Case IPR2014-00993
`Patent No. 8,459,346
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`Petition (Trial No. 2014-00993) as being submitted on June 19, 2014. Exhibit
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`1025 is a CD containing a video of a Baker Hughes frac plug that was listed on the
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`Exhibit List submitted with Petitioners’ petition. Petitioners could not submit this
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`exhibit
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`through
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`the PRPS system because
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`it
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`is
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`larger
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`than 25 MB.
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`http://www.uspto.gov/ip/boards/bpai/prps.jsp
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`(PRPS
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`filing
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`instructions).
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`Petitioners’ petition and other exhibits were transmitted to the Board on June 19,
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`2014 via the PRPS system. Petitioners also served a copy of Exhibit 1025 on the
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`Patent Owner’s correspondence address (along with the remainder of the Petition)
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`on June 19, 2014.
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`On June 19, 2014, Petitioners submitted the Baker Hughes video on a
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`physical CD and filed a motion asking the Board to accord a June 19, 2014 filing
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`date to the submission. Paper No. 3. On June 30, 2014, the Board denied this
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`motion because Exhibit 1025 was not in the proper MPEG video format. Paper
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`No. 4. The order denying the filing date to Exhibit 1025 stated that it was “without
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`prejudice to resubmission of the exhibit in a compliant video format.” Id.
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`Based on the instructions in the Board’s June 30, 2014 order, Petitioners
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`have prepared a version of Exhibit 1025 containing a converted version of the
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`Baker Hughes video in a compliant MPEG format (as a .mpg file). See Id. (“Only
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`PDF and MPEG format files (MPEG, MPG, MP1, MP2, MP3, M1A, M2A, M1V,
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`MPA, MPV) may be uploaded in PRPS.”). As a precaution, Petitioners have also
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`2
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`Case IPR2014-00993
`Patent No. 8,459,346
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`provided for reference the video in other standard video formats including the .rm
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`format, the .wmv format, and the .m4v format. Together with the electronic
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`submission of this Motion, Petitioners are accordingly resubmitting an updated CD
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`of Exhibit 1025 in MPEG format via Express Mail. Petitioners request that the
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`Board accept resubmitted Exhibit 1025 and grant its Motion to Accord a filing date
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`of June 19, 2014.
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`Respectfully submitted by
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`K&L Gates LLP,
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`By:
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` /Jason A. Engel/
`Reg. No. 51,654
`Jason A. Engel
`Customer No. 24573
`Date: July 2, 2014
`K&L Gates LLP
`e-mail: jason.engel@klgates.com
`telephone number: 312-807-4236
`fax number: 312-827-8145
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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`Certification of Service
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.105, that
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`service was made on the Patent Owner as detailed below.
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`Date of service
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`Manner of service
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`Documents served
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`July 2, 2014
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`EXPRESS MAIL
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`NON-ELECTRONIC SUBMISSION OF
`EXHIBIT 1025
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`Robb D. Edmonds
`EDMONDS & NOLTE, P.C.
`2625 Bay Area Blvd, Suite 530
`Houston, Texas 77058
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` /Jason A. Engel/
`By:
`Reg. No. 51,654
`Jason A. Engel
`Customer No. 24573
`K&L Gates LLP
`e-mail: jason.engel@klgates.com
`telephone number: 312-807-4236
`fax number: 312-827-8145
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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`4
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