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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`______________________
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`
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`HM ELECTRONICS, INC.
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`Petitioner
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`v.
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`3M INNOVATIVE PROPERTIES COMPANY
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`Patent Owner
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`
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`_______________________
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`
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`Case IPR2015-00482
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`U.S. Patent No. 8,694,040
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`
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`________________________
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`
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`PROTECTIVE ORDER
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`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
`
`3M Exhibit 2008
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`_______________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`______________________
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`
`
`HM ELECTRONICS, INC.
`
`Petitioner
`
`
`
`v.
`
`
`
`3M INNOVATIVE PROPERTIES COMPANY
`
`Patent Owner
`
`
`
`_______________________
`
`
`
`Case IPR2015-00482
`
`U.S. Patent No. 8,694,040
`
`
`
`________________________
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`
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`PROTECTIVE ORDER
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`
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`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
`
`3M Exhibit 2008
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`
`
`IPR2015-00482 U.S Patent No. 8,694,040
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`
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`This standing protective order governs the treatment and filing of
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`confidential information in this inter partes review, including documents and
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`testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`2. Access to confidential information is limited to the following individuals
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`who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`1
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`3M Exhibit 2008
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`IPR2015-00482 U.S Patent No. 8,694,040
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`2
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`3M Exhibit 2008
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`IPR2015-00482 U.S Patent No. 8,694,040
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4. Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board under seal,
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`together with a non-confidential description of the nature of the confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`3
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`3M Exhibit 2008
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`
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`IPR2015-00482 U.S Patent No. 8,694,040
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that some or all of the redacted information does not qualify
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`for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as ‘‘PROTECTIVE
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`ORDER MATERIAL’’ and shall be produced in a manner that maintains its
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`confidentiality.
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`4
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`3M Exhibit 2008
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`IPR2015-00482 U.S Patent No. 8,694,040
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`(j) Standard Acknowledgement of Protective Order. The following form
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`attached as Exhibit A may be used to acknowledge a protective order and gain
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`access to information covered by the protective order:
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`
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`
`
`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`5
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`3M Exhibit 2008
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`IPR2015-00482 U.S Patent No. 8,694,040
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`EXHIBIT A
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
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`6
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`3M Exhibit 2008
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`IPR2015-00482 U.S Patent No. 8,694,040
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`_______________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`______________________
`
`
`
`HM ELECTRONICS, INC.
`
`Petitioner
`
`
`
`v.
`
`
`
`3M INNOVATIVE PROPERTIES COMPANY
`
`Patent Owner
`
`
`
`_______________________
`
`
`
`Case IPR2015-00482
`
`U.S. Patent No. 8,694,040
`
`
`
`________________________
`
`
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`ACKNOWLEDGEMENT FOR ACCESS TO PROTECTIVE ORDER
`
`MATERIAL
`
`
`
`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
`
`7
`
`3M Exhibit 2008
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`
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`IPR2015-00482 U.S Patent No. 8,694,040
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` _____________________________, affirm that I have read the Protective Order;
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` I
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`that I will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`
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` Signature: ___________________
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`Printed Name: ___________________
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`Dated: _______________
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`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
`
`8
`
`3M Exhibit 2008
`
`
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`IPR2015-00482 U.S Patent No. 8,694,040
`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) on the Petitioner
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`by email on the date below and as authorized by the Petitioner in the Petition at the
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`following e-mail addresses:
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`csegelbaum@fredlaw.com ,
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`kniederluecke@fredlaw.com, and
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`asteinert@fredlaw.com .
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`Respectfully submitted,
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`Date September 17, 2015 By /Timothy E. Bianchi/
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`Timothy E. Bianchi
`Reg. No. 39,610
`Schwegman, Lundberg & Woessner, P.A.
`1600 TCF Tower
`121 South Eighth St.
`Minneapolis, MN 55402
`Phone: (612) 373-6912
`
`(cid:3)
`HM Electronics v. 3M Innovative Properties Co.
`IPR2015-00482
`
`9
`
`3M Exhibit 2008
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