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UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner
`_____________
`
`Case IPR2015-01377
`U.S. Patent No. 7,435,982
`_____________
`
`
`
`NOTICE OF DEPOSITION OF PETITIONERS’ DECLARANT
`
`
`
`
`
`
`
`
`
`
`

`
`Case IPR2015-01377
`U.S. Patent No. 7,435,982
`
`
`
`Pursuant to 37 C.F.R. § 42.53 and agreement of the parties, Patent Owner
`
`Energetiq Technology, Inc. (“Energetiq”) hereby provides notice that it will
`
`conduct a cross-examination deposition of Petitioners’ Declarant Dr. J. Gary Eden
`
`simultaneously in connection with each of eight IPR proceedings, namely,
`
`IPR2015-01377, IPR2015-01277, IPR2015-01279, IPR2015-01300, IPR2015-
`
`01303, IPR2015-01362, IPR2015-01368, and IPR2015-01375. As noted in their
`
`respective institution decisions, IPR2015-01300 and IPR2015-01303 have been
`
`consolidated. By agreement of the Parties, testimony from this deposition may be
`
`used in each of the eight IPR proceedings listed above.
`
`
`
`This cross-examination portion of this deposition will take place beginning
`
`at 9 AM on the morning of January 27, 2016 and continuing, as needed, on January
`
`28, February 3, and February 4, 2016 at the offices of WilmerHale, 60 State Street,
`
`Boston, Massachusetts 02109.
`
`
`
`The cross-examination testimony will be recorded stenographically and by
`
`videotape, and will take place before a court reporter, notary public, or other
`
`person authorized by law to administer oaths and take testimony under 35 U.S.C. §
`
`
`
`23.
`
`
`
`

`
`Case IPR2015-01377
`U.S. Patent No. 7,435,982
`
`
`A copy of this notice is being submitted to the Patent Trial and Appeal
`
`Board electronically in connection with each of the eight matters identified above.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`PROSKAUER ROSE LLP
`
`/ Joseph A. Capraro Jr. Reg. No. 36,471 /
`Joseph A. Capraro Jr., Reg. No. 36,471
`Attorney for Patent Owner
`
`
`
`Date: December 21, 2015
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
`
`
`
`
`
`
`

`
`Case IPR2015-01377
`U.S. Patent No. 7,435,982
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on December 21, 2015 the above NOTICE OF
`
`DEPOSITION OF PETITIONERS’ DECLARANT was served pursuant to 37
`
`C.F.R. § 42.6 electronically on Petitioner (by consent of the parties) to the
`
`following email addresses:
`
`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
`
`/ Fabio E. Tarud /
`Fabio E. Tarud
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: December 21, 2015
`PROSKAUER ROSE LLP
`11 Times Square
`New York, NY 10036

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