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`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________
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`Robert Bosch LLC and Daimler AG,
`Petitioners,
`
`v.
`
`Orbital Engine Company Pty Limited,
`Patent Owner
`_______________________
`
`Case No. IPR2015-01259
`U.S. Patent No. 5,655,365
`_______________________
`
`
`
`JOINT NOTICE TO THE BOARD REGARDING
`THE BERNHARDT EXHIBIT
`
`
`
`
`
`
`IPR2015-01259
`Patent 5,655,365
`Pursuant to the Board’s Authorization For Petitioner to File a Motion to
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`Submit Supplemental Information 37 C.F.R. § 42.123 dated March 31, 2016 (“the
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`Board’s Authorization”), Petitioners Robert Bosch LLC and Daimler AG and
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`Patent Owner Orbital Engine Company Pty Limited (collectively “the Parties”)
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`submit to the Board this Joint Notice1 regarding Exhibit 1007 (“the Bernhardt
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`Exhibit”) as submitted with the Petition.
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`The Board ordered the parties to “meet and confer in good faith to discuss
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`Patent Owner’s objections to the Bernhardt Exhibits in light of the supplemental
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`evidence and to discuss any potential resolution of the issue of admissibility of the
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`Bernhardt Exhibits.” Board’s Authorization at 2-3. Pursuant to the Board’s order,
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`the Parties met and conferred on April 5, 2016, and have reached an agreement
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`regarding the Bernhardt Exhibit.
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`In particular, Patent Owner agrees to withdraw its authenticity objections to
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`the Bernhardt Exhibit under FRE 901 and 902 and its hearsay objections to the
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`Bernhardt Exhibit under FRE 801-807, as asserted in Patent Owner’s First
`
`
`1 The last paragraph of the Board’s Authorization indicates that “each party” shall
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`file papers relating to any agreement, however, in light of the preceding paragraph
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`inviting “the parties” to file “a paper” relating to any agreement, the Parties are
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`submitting this Joint Notice.
`
`
`
`
`
`2
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`
`
`IPR2015-01259
`Patent 5,655,365
`Objections to Evidence Pursuant to 37 C.F.R. § 42.64, dated January 13, 2016
`
`(Paper 12). Patent Owner also agrees that it will not submit in the IPR2015-01259
`
`proceeding any arguments challenging the admissibility of the Bernhardt Exhibit in
`
`a motion to exclude, at the Oral Hearing, or at any other time in the IPR2015-
`
`01259 proceeding, including in any appeal of a final written decision.
`
`Patent Owner does not waive its right to object to the admissibility of the
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`Bernhardt Exhibit in any other proceeding before the USPTO, a federal district
`
`court, or any other adjudicative body.
`
`
`
`Dated: April 8, 2016
`
`
`
`
`
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`
`
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`
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`
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`
`
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`
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`
`
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`
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`
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`
`
`
`
`By: /Aaron L. Parker/
`
`Aaron L. Parker, Reg. No. 50,785
`
`Backup Counsel for Petitioners
`
`
`
`
`
`
`
`
`/David M. Magee/
`David M. Magee, Reg. No. 51,892
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-01259
`Patent 5,655,365
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing JOINT
`
`
`
`NOTICE TO THE BOARD REGARDING THE BERNHARDT EXHIBIT
`
`was served on April 8, 2016, via email directed to counsel of record for the Patent
`
`Owner at the following:
`
`
`David Magee
`mageed@pepperlaw.com
`
`Andrew Schultz
`schultza@pepperlaw.com
`
`
`
`
`
`
`
`
`
`
`
`/Lisa C. Hines/
`Lisa C. Hines
`Litigation Clerk
`
`
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`Dated: April 8, 2016
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`
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`4
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