`U.S. Patent No. 6,057,221
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`Paper No. 14
`Filed November 19, 2015
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`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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`MICRON TECHNOLOGY, INC., AND MICRON MEMORY JAPAN, INC.,
`Petitioners
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`v.
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`MASSACHUSETTS INSTITUTE OF TECHNOLOGY
`Patent Owner
`____________________
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`Case: IPR2015-01087
`U.S. Patent No. 6,057,221
`____________________
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`PETITIONERS’ FIRST SET OF OBJECTIONS
` TO PATENT OWNER’S EXHIBITS
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`Case No. IPR2015-01087
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`Paper No. 14
`U.S. Patent No. 6,057,221
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`Filed November 19, 2015
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Micron Technology, Inc.
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`(“Micron”) and Micron Memory Japan, Inc. (“Micron Memory Japan” or “MMJ”)
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`submit the following objections to the below listed Exhibits submitted by Patent
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`Owner Massachusetts Institute of Technology (“MIT”), and any reference to or
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`reliance on the foregoing.
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`Exhibit #
`2001
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`2001ET
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`2002
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`2002ET
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`2003
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`2004
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`2004ET
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`2005
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`2006
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`2007
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`2009
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`Description given by Patent Owner (see Paper No. 11)
`Submission of Reorganization Claim to Tokyo District Court
`(October 31, 2012)
`English Translation of Submission of Reorganization Claim to Tokyo
`District Court (October 31, 2012)
`Reorganization Claim Certificate of Receipt from Tokyo District
`Court (August 10, 2015)
`English Translation of Reorganization Claim Certificate of Receipt
`from Tokyo District Court (August 10, 2015)
`English Translation of Reorganization Claim Certification of Receipt
`Request (August 10, 2015)
`Petition to Tokyo District Court for Claim Assessment (December
`22, 2012)
`English Translation of Petition to Tokyo District Court for Claim
`Assessment (December 22, 2012)
`Trustee/MMJ Acknowledgement of Formal Service of the Petition
`for Claim Assessment (December 26, 2012) (and translations)
`Tokyo District Court Certificate of Receipt of Petition for Claim
`Assessment (August 10, 2015)
`English Translation of Certificate of Receipt of Petition for Claim
`Assessment Request (August 10, 2015)
`Elpida News Release: Notice on Petition for Commencement of
`Corporate Reorganization Proceedings and Uncollectibility of Debts
`of Our Subsidiary (February 27, 2012)
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`2011
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`2012
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`Paper No. 14
`U.S. Patent No. 6,057,221
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`Filed November 19, 2015
`Opinion Staying Litigation in the United States, In re Elpida
`2010
`Memory, Inc., Case No. 12-10947 (Bankr. D. Del.)(November 20,
`2012)
`Tokyo District Court Notice of Result of Investigation (November
`14, 2012)
`Tokyo District Court Decision Regarding Corporate Reorganization
`(October 20, 2014)
`2012ET English Translation of Tokyo District Court Decision Regarding
`Corporate Reorganization (October 20, 2014)
`2013 Micron Memory Japan, Inc’s Answer to Amended Complaint, MIT v.
`Micron, Case No. 1:15cv10374 FDS (U.S.D.M) (May 14, 2015)
`R.G. Sterne et al., “Reexamination Practice with Concurrent District
`Court Litigation or Section 337 USITC Investigations,” 2011
`Affidavit of Takayasu Koga Pursuant to C.F.R. § 42.63(b)
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`2014
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`2025
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`Petitioners’ specific objections are as follows:
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`I. OBJECTION TO EXHIBITS 2001ET, 2002ET, 2004ET AND 2012ET
`Exhibits 2001ET, 2002ET, 2004ET and 2012ET are objected to for failing
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`to be filed with an affidavit conforming to 37 CFR § 42.2 attesting to accuracy
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`as required under 37 CFR § 42.63(b), and as untimely under 37 CFR § 42.107(b)
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`and the Board’s Notice (Paper No. 3 at 1) setting August 13, 2015 as the deadline
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`for MIT’s preliminary response, and under 37 CFR § 42.6(c) requiring that each
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`exhibit be filed with the first document in which it is cited. Exhibits 2001ET,
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`2002ET, 2004ET and 2012ET are also objected to as irrelevant in view of the
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`Board’s Decision (Paper No. 12 at 12) pursuant to Fed. R. Evid. 401, and
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`therefore inadmissible under Fed. R. Evid. 402 and/or Fed. R. Evid. 403.
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`Paper No. 14
`U.S. Patent No. 6,057,221
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`Filed November 19, 2015
`II. OBJECTION TO EXHIBITS 2001, 2002, 2004, 2005, 2006 AND 2012
`Exhibits 2001, 2002, 2004-2006 and 2012 are objected for failing to be
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`timely filed with an English translation accompanied by an affidavit conforming
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`to 37 CFR § 42.2 attesting to the accuracy of the translation as required under 37
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`CFR § 42.63(b). Exhibits 2001, 2002, 2004-2006 and 2012 are also objected to as
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`irrelevant in view of the Board’s Decision (Paper No. 12 at 12) pursuant to Fed.
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`R. Evid. 401(b), and therefore inadmissible under Fed. R. Evid. 402 and/or Fed.
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`R. Evid. 403.
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`III. OBJECTION TO EXHIBITS 2003 AND 2007
`Exhibits 2003 and 2007 are objected to for failing to be timely filed with an
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`affidavit conforming to 37 CFR § 42.2 attesting to accuracy as required under 37
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`CFR § 42.63(b). Exhibits 2003 and 2007 are also objected to as irrelevant in view
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`of the Board’s Decision (Paper No. 12 at 12) pursuant to Fed. R. Evid. 401, and
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`therefore inadmissible under Fed. R. Evid. 402 and/or Fed. R. Evid. 403.
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`IV. OBJECTION TO EXHIBITS 2009, 2010, 2013 AND 2014
`Exhibits 2009, 2010, 2013 and 2014 are objected to as irrelevant in view of
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`the Board’s Decision (Paper No. 12 at 12) pursuant to Fed. R. Evid. 401, and
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`therefore inadmissible under Fed. R. Evid. 402 and/or Fed. R. Evid. 403.
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`V. OBJECTION TO EXHIBIT 2011
`Exhibit 2011 is objected to for failing to be filed with an affidavit
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`conforming to 37 CFR § 42.2 attesting to accuracy of translation as required
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`Case No. IPR2015-01087
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`Paper No. 14
`U.S. Patent No. 6,057,221
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`Filed November 19, 2015
`under 37 CFR § 42.63(b). Exhibit 2011 is also objected to as irrelevant in view of
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`the Board’s Decision (Paper No. 12 at 12) pursuant to Fed. R. Evid. 401, and
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`therefore inadmissible under Fed. R. Evid. 402 and/or Fed. R. Evid. 403.
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`VI. OBJECTION TO EXHIBIT 2025
`Exhibit 2025 is objected to for failing to conform to 37 CFR § 42.2, and as
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`untimely under 37 CFR § 42.107(b) and the Board’s Notice (Paper No. 3 at 1)
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`setting August 13, 2015 as the deadline for MIT’s preliminary response, and under
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`37 CFR § 42.6(c) requiring that each exhibit be filed with the first document in
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`which it is cited. Exhibit 2025 is also objected to as irrelevant in view of the
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`Board’s Decision (Paper No. 12 at 12) pursuant to Fed. R. Evid. 401, and
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`therefore inadmissible under Fed. R. Evid. 402 and/or Fed. R. Evid. 403.
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`Respectfully submitted,
` / David J. Cooperberg / _
`David J. Cooperberg
`Reg. No. 63,250
`Lead Counsel for Petitioners
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`David J. Cooperberg
`Rose Cordero Prey
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Telephone: 212.425.7200
`Facsimile: 212.425.5288
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`4
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`Certificate of Service
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`The undersigned hereby confirms that the foregoing PETITIONERS’ FIRST
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`SET OF OBJECTIONS TO PATENT OWNER’S EXHIBITS, was served on
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`Counsel for Patent Owner via e-mail as follows:
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`Steven J. Pollinger
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8702
`F: (512) 692-8744
`spollinger@mckoolsmith.com
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`Ramzi R. Khazen
`MCKOOL SMITH, P.C.
`300 W. Sixth Street, Suite 1700
`Austin, Texas 78701
`T: (512) 692-8743
`F: (512) 692-8744
`rkhazen@mckoolsmith.com
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`01311-00004_IPR221@mckoolsmith.com
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` / David J. Cooperberg / .
`David J. Cooperberg
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
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`Dated: November 19, 2015