`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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`PRAXAIR DISTRIBUTION, INC..
`Petitioner
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`v.
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`INO THERAPEUTICS, LLC
`Patent Owner
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`Case IPR2015-00884
`Patent 8,291,904
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`PETITIONER’S RESPONSE TO ORDER ON FORM OF EVIDENCE
`37 C.F.R. § 42.63
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`Case IPR2015-00884
`Patent 8,291,904
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`On August 27, 2015, the Board issued an Order on the Form of Evidence
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`pursuant to 37 C.F.R. § 42.63. (Paper 11). The Board ordered that “Petitioner
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`must file, in each of the proceedings, an affidavit (or declaration) in compliance
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`with 37 C.F.R. § 42.63(b) in order to have Exhibit 1006 considered in support of
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`its Petitions.” (Paper 11 at 2). The Board provided Petitioner with 10 business
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`days to make such a responsive filing. (Paper 11 at 2).
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`Pursuant to the August 27, 2015 Order on the Form of Evidence (Paper 11),
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`Petitioner submits Ex. 1020, which is a declaration of the translator who prepared
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`the English language translation in Ex. 1006 under 28 U.S.C. § 1746 (as authorized
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`by 37 C.F.R. §§ 42.63(b) and 42.2) attesting to the accuracy of the translation
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`provided in Ex. 1006. Petitioner also submits herewith an updated exhibit list
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`reflective of this declaration.
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`Accordingly, Petitioner respectfully requests that the Board consider the
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`content of Ex. 1006 (as informed by the declaration submitted as Ex. 1020) in
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`support of its Petition.
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`Respectfully submitted by
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`K&L Gates LLP,
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`Date: September 8, 2015
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`By:
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` /Sanjay K. Murthy/
`Reg. No. 45,976
`Sanjay K. Murthy
`e-mail: sanjay.murthy@klgates.com
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`1
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`Certification of Service
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`A copy of this Petitioner’s Response to Order on Form of Evidence has been
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`served on counsel for Patent Owner on September 8, 2015 at the following email
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`addresses:
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`Dominick A. Conde - dconde@fchs.com
`Edmund J. Haughey - ehaughey@fchs.com
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`By:
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` /Sanjay K. Murthy/
`Reg. No. 45,976
`Sanjay K. Murthy
`Customer No. 24573
`K&L Gates LLP
`e-mail: sanjay.murthy@klgates.com
`telephone number: 312-807-4416
`fax number: 312-827-8138
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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`Date: September 8, 2015
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