`Patent 8,532,641 B2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`SAMSUNG ELECTRONICS CO., LTD; SAMSUNG
`ELECTRONICS AMERICA, INC1.
`
`Petitioners,
`
`v.
`
`AFFINITY LABS OF TEXAS, LLC,
`
`Patent Owner.
`
`_____________________
`
`IPR2014-011812
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`PATENT 8,532,641 B2
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`_____________________
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`
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`PATENT OWNER'S REQUEST FOR
`SUR-REBUTTAL AT ORAL ARGUMENT
`
`
`1 On January 1, 2015, Samsung Telecommunications America, LLC, an originally-
`named Petitioner in this case, was merged into Samsung Electronics America, Inc.
`See IPR2014-01181, Paper 9.
`2 Case IPR2014-01182 and IPR2014-01184 were consolidated with IPR2014-
`01181. Paper 15 at 2.
`
`86143134.1
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`
`
`IPR2014-01181
`Patent 8,532,641 B2
`The Board’s Scheduling Orders entered January 30, 2015 (IPR2014-01181,
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`Paper 11; IPR2014-01182, Paper 11; IPR2014-01184, Paper 11) set the date to
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`request an oral hearing to September 21, 2015. During the September 21, 2015
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`telephone conference with the Board, Patent Owner and Petitioners verbally
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`indicated their intent to request oral argument. On September 25, 2015 the Board
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`issued an Order – Modifying Scheduling Order and Granting the Parties’ Requests
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`for Oral Argument scheduled Oral Argument for October 28, 2015 at 2:00 PM ET.
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`Patent Owner hereby requests the ability to reserve time for sur-rebuttal at
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`Oral Argument set for October 28, 2015 as to the issue of the priority date for the
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`’641 patent. There is no dispute between the parties that “entitlement to a priority
`
`date for any claim is a matter for which [the Patent Owner] bears the burden of
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`proof.” See IPR2014-01184, Corrected Petitioner, Paper 4 at 9-10. According,
`
`Patent Owner should be able to reserve time to present sur-rebuttal at Oral
`
`Argument regarding the priority date.
`
`Respectfully submitted,
`
`
`
`
`/s/Ryan M. Schultz
`Registration No. 65,143
`Robins Kaplan LLP
`800 LaSalle Avenue
`2800 LaSalle Plaza
`Minneapolis, MN 55402-2015
`
`
`
`
`
`
`
`
`Dated: October 6, 2015
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`
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`86143134. 1
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`1
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`IPR2014-01181
`Patent 8,532,641 B2
`
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`86143134. 1
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`2
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`
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`IPR2014-01181
`Patent 8,532,641 B2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 6th day of October, 2015, a copy of this
`
`PATENT OWNERS’ REQUEST FOR SUR-REBUTTAL AT ORAL
`ARGUMENT has been served in its entirety by e-mail on the Petitioners:
`
`For Samsung petitioners:
`
`Steven.baughman@ropesgray.com
`
`Gabrielle.higgins@ropesgray.com
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`SamsungIPRService@ropesgray.com
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`
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`
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`/s/Ryan M. Schultz
`Robins Kaplan LLP
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`86143134. 1
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`3
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