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`
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` Inter Partes Review of
`U.S. Patent No. 8,332,475
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`WhatsApp Inc. and Facebook, Inc.
`Petitioner
`
`v.
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`TriPlay Communications Ltd.
`Patent Owner
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`
`
`Case IPR2015‐00740
`U.S. Patent No. 8,332,475
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`
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`PETITIONER’S LIST OF PROPOSED MOTIONS
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`Atty Docket No. WHAT‐001‐00US
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` Inter Partes Review of
`U.S. Patent No. 8,332,475
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`Pursuant to the Patent Trial and Appeal Board instituting trial on August 21,
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`2015, and in advance of the initial conference call scheduled for September 18,
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`2015, WhatsApp Inc. and Facebook, Inc. (collectively “Petitioner”) hereby disclose
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`the following regarding proposed motions in the above‐captioned IPR proceeding:
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`Pursuant to 37 C.F.R. § 42.123(a), Petitioner requests authorization to file a
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`motion to submit supplemental information in response to Patent Owner’s
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`Objections to Evidence Submitted in the Petition (the “Objections”), which sets
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`forth a Daubert evidentiary objection to a declaration submitted by Mr. David
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`Klausner in support of the Petition for Inter Partes Review. In the Objections, the
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`patent owner states that an expert must have particular qualifications to opine
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`from the perspective of a person of ordinary skill in the art and as to the
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`knowledge of ordinary skill in the art, and further asserts that Mr. Klausner’s
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`declaration does not establish that he has those qualifications. The patent
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`owner’s objections are without basis, and accordingly, the Petitioner seeks leave
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`to file supplemental information pursuant to 37 C.F.R. § 42.123(a). The Petitioner
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`will also serve on patent owner the supplemental information pursuant to 37
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`C.F.R. § 42.64(b)(2). The supplemental information will include a supplemental
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`declaration showing that Mr. Klausner’s qualifications satisfy the requirements of
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`a person of ordinary skill in the art. This supplemental information will be limited
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`1
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`Atty Docket No. WHAT‐001‐00US
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`solely to factual information about Mr. Klausner’s qualifications as raised by the
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` Inter Partes Review of
`U.S. Patent No. 8,332,475
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`objections, and will not affect any substantive opinion he has provided on the
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`instituted grounds.
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`The Petitioner does not at this time request authorization to file any
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`motions other than the above motion and the motions provided in the Scheduling
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`Order and by the Rules. The Petitioner reserves its right to seek permission to file
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`these or additional motions as appropriate, based on the evidence or other
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`materials presented by the patent owner in this proceeding.
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`Dated: September 16, 2015
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`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843‐5001
`Fax: (650) 849‐7400
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`
`
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`By:
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`
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`Respectfully submitted,
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`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioner
`WhatsApp Inc. and Facebook,
`Inc.
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`2
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`
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`Atty Docket No. WHAT‐001‐00US
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` Inter Partes Review of
`U.S. Patent No. 8,332,475
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached PETITIONER’S LIST OF PROPOSED MOTIONs is being served via
`Federal Express on the 16th day of September, 2015, the same day as the filing of
`the above‐identified document in the United States Patent and Trademark
`Office/Patent Trial and Appeal Board, upon
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`
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`BROWDY AND NEIMARK, PLLC
`1625 K Street, N.W., Suite 1100
`Washington, DC 20006
`
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`DATED: September 16, 2015
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`Gregory E. Stuhlman
`GREENBERG TRAURIG, LLP
`1007 North Orange Street, Suite 1200
`Wilmington, DE 19801
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`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
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`
`
`COOLEY LLP
`ATTN: Heidi L. Keefe
`Patent Docketing
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, D.C. 20004
`Tel: (650) 843‐5001
`Fax: (650) 849‐7400
`
`
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`1
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`(1)
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`the Patent Owner by serving the correspondence address of
`record with the USPTO, and
`(2) upon counsel of record for the Patent Owner in the litigation
`pending before the U.S. District Court for the District of
`Delaware entitled TriPlay, Inc. et al. v. WhatsApp Inc., Case No.
`1:13‐cv‐01703‐LPS (D. Del.):
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