`Filed By: Donald R. Steinberg, Reg. No. 37,241
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street,
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
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` David.Cavanaugh@wilmerhale.com
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` MichaelH.Smith@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
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`v.
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`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`Case IPR2015-01375
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`
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`PETITIONERS’ OBJECTIONS TO EVIDENCE
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`Pursuant to 37 C.F.R. § 42.64, ASML Netherlands B.V., Excelitas
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`Technologies Corp., and Qioptiq Photonics GmbH & Co. KG (collectively,
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`“Petitioners”) serve the following objections to evidence served with the Patent
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`Owner’s Response of Energetiq Technology, Inc. (“Patent Owner”).
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`Petitioners object to Exhibit 2006, J. Gary Eden’s Deposition Transcript
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`Excerpts, as incomplete (FRE 106).
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`Petitioners object to Exhibit 2008, “A Novel Electrodeless Light Source for
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`Wafer Inspection Applications,” (January 4, 2006) PROTECTIVE ORDER
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`MATERIAL, as incomplete (FRE 106), as hearsay (FRE 802), and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2010, Bucksbaum Declaration PROTECTIVE
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`ORDER MATERIAL. Specifically, Petitioners object to ¶¶ 143-145, 188, 189,
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`196, 199-202, 204, and 206 as hearsay (FRE 802).
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`Petitioners object to Exhibit 2014, Bezel et al., “High Power Laser-Sustained
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`Plasma Light Sources for KLA-Tencor Broadband Inspection Tools” (undated), as
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`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2015, LDLS™ Laser-Driven Light Source EQ-
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`1000 High Brightness DUV Light Source (2008) (“LDLS Advertisement”), as
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`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2016, Declaration of Donald K. Smith, Ph.D.
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`PROTECTIVE ORDER MATERIAL. Specifically, Petitioners object to ¶¶ 7-9,
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`11-14, 18, 19, 23-26, 31-39, 43, 47-51, 54-60, 62, 63, and 65-71, as lacking
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`personal knowledge/foundation (FRE 602) and as improper expert testimony by a
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`lay witness (FRE 701). Petitioners further object to ¶¶ 20-23, 35, 36, 51-60, and
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`71, as hearsay (FRE 802).
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`Petitioners object to Exhibit 2017, Letter from Semrock, Inc. to R&D 100
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`Awards, dated February 28, 2011, as hearsay (FRE 802) and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2018, M. Rose, “Winners of 2010 Prism
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`Awards Announced”, January 27, 2011,
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`http://www.photonics.com/Article.aspx?AID=45757 (Accessed January 15, 2015),
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`as hearsay (FRE 802) and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2019, R&D Magazine, “2011 R&D 100
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`Winner,” http://www.rdmag.com/ awardwinners/2011 /08/lightsourcelifetim
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`eliftedlasertech (Accessed January 7, 2016), as hearsay (FRE 802) and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2022, Fridman et al., Plasma Physics and
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`Engineering, pp. 404-419, 618-619 (1st ed. 2004), as incomplete (FRE 106).
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`Petitioners object to Exhibit 2027, “Light Source Proposal…” (12/15/2005)
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`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
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`(FRE 802).
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`Petitioners object to Exhibit 2028, 2007 ASML/Energetiq Email
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`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
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`(FRE 802).
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`Petitioners object to Exhibit 2030, Project Agreement for Feasibility Study
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`(May 3, 2006) PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as
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`hearsay (FRE 802), and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2031, Claim Chart comparing Energetiq’s
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`Laser-Driven Light Source Products to U.S. Patent No. 9,048,000 & 8,969,841, as
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`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2033, “Operation and Maintenance Manual,
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`Model EQ-99, LDLS Laser Driven Light Source,” Rev. 2 (March 2012), as lacking
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`authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2034, Infringement Chart for ’000 Patent &
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`’841 Patent, as hearsay (FRE 802), as misleading/confusing (FRE 403), and as
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`lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2035, Letter from R&D Magazine to Energetiq
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`Technology, Inc. (June 15, 2011), as hearsay (FRE 802) and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2036, Presentation to ASML, “LDLS Laser
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`Driven Light Sources for i-Line” (10/25/2007) PROTECTIVE ORDER
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`MATERIAL, as hearsay (FRE 802), and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2037, Presentation to ASML, “Next Generation
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`LDLS UV Lamp for ASML” (2/12/2008) PROTECTIVE ORDER MATERIAL, as
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`hearsay (FRE 802), and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2039, RnD-ISAN LLC, “Laser Pumped Plasma
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`Broadband Light Source”, as hearsay (FRE 802) and as lacking authentication
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`(FRE 901).
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`Petitioners object to Exhibit 2040, 2007 Energetiq License Agreement
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`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as hearsay (FRE
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`802), and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2041, 2010 Energetiq License Agreement
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as hearsay (FRE
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`802), and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2042, Email from Energetiq to ASML
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`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
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`(FRE 802).
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`Petitioners object to Exhibit 2043, Email from Qioptiq to Energetiq dated
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`September 29, 2014 PROTECTIVE ORDER MATERIAL, as incomplete (FRE
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`106).
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`Petitioners object to Exhibit 2044, Product Launch Document
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`PROTECTIVE ORDER MATERIAL, as hearsay (FRE 802), and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2045, I.N. Toumanov, “General Analysis of
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`Plasma Technique in Chemical Technology and Metallurgy,” Plasma and High
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`Frequency Processes for Obtaining and Processing Materials in the Nuclear Fuel
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`Cycle, p. 60 (2003), as incomplete (FRE 106).
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`Petitioners object to Exhibit 2046, Fridman et al., Plasma Physics and
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`Engineering, pp. 409-424, 639-640 (2nd ed. 2011), as incomplete (FRE 106).
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`Petitioners object to Exhibit 2050, Schöne et al., “Diode-Pumped High-
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`Power cw Nd:YAG Lasers,” Laser in Forschung und Technik (1996), as
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`incomplete (FRE 106) and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2051, Optics & Photonics News, January 1999,
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`as incomplete (FRE 106).
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`Petitioners object to Exhibit 2054, Operation Manual, LDLS Laser-Driven
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`Light Source, EQ-1000 High Brightness DUV Light Source, Rev. 5 (Aug. 2009),
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`as lacking authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2055, Operation Manual, Model EQ-1500,
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`LDLS Laser-Driven Light Source, Rev. 4 (May 2011), as lacking authentication
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`(FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2056, Operation and Maintenance Manual,
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`Model EQ-77, LDLS Laser-Driven Light Source, Rev. 2 (Dec. 2015), as lacking
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`authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2057, Operation and Maintenance Manual,
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`Model EQ-90-FC, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as
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`lacking authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2059, Operation and Maintenance Manual,
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`Model EQ-99X, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as lacking
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`authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2060, Operation and Maintenance Manual,
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`Model EQ-99-FC, LDLS Laser-Driven Light Source, Rev. 2 (March 2012), as
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`lacking authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2061, Operation and Maintenance Manual,
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`Model EQ-99X-FC, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as
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`lacking authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2062, Operation and Maintenance Manual,
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`Model EQ-9-N, LDLS Laser-Driven Light Source, Rev. 6 (Sept. 2015), as lacking
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`authentication (FRE 901) and as hearsay (FRE 802).
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`Petitioners object to Exhibit 2063, EQ-400 LDLS Laser-Driven Light
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`Source, as hearsay (FRE 802) and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2064, Energetiq Laser-Driven Light Sources, as
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`hearsay (FRE 802) and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2065, ASML BV LDLS Roadmap (6/11/2013)
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`PROTECTIVE ORDER MATERIAL, as hearsay (FRE 802), and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2066, Nanometrics, Organic Growth
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`Opportunities for Nanometrics in Process Control, as hearsay (FRE 802) and as
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`lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2066v2, Nanometrics, Investor Presentation
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`18th Annual Needham Growth Conference, as hearsay (FRE 802) and as lacking
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`authentication (FRE 901).
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`Petitioners object to Exhibit 2067, “LDLS Laser-Driven Light Source”
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`(07/08/201 1), as hearsay (FRE 802) and as lacking authentication (FRE 901).
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`Petitioners object to Exhibit 2069, Castellano, “Are the Brains At ASML
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`Hurting Investors With High And Ambitious R&D Costs?” July 20, 2015, as
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`hearsay (FRE 802) and as lacking authentication (FRE 901).
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`Date: March 8, 2016
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`Respectfully Submitted,
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`/Donald R Steinberg/
`Donald R. Steinberg
`Registration No. 37,241
`Lead Counsel for Petitioners
`Wilmer Cutler Pickering
` Hale & Dorr LLP
`Tel: 617-526-6453
`Fax: 617-526-5000
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`IPR2015-01375
`Petitioners’ Objections to Evidence
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 8, 2016, I caused a true and correct copy of the
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`following materials:
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`• Petitioners’ Objections to Evidence
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`to be served by electronic mail to the following address:
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`PTABMattersBoston@proskauer.com.
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`Respectfully Submitted,
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`___/Michael Smith/______
`Michael H. Smith
`Registration No. 71,190
`Wilmer Cutler Pickering
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`Hale & Dorr LLP
`Tel: 202-663-6055
`Fax: 202-663-6363
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