`U.S. Patent No. 5,714,927
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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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`TOYOTA MOTOR CORPORATION
`Petitioner,
`v.
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`Signal IP, Inc.,
`Patent Owner.
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`Case No. IPR 2016-00293
`Patent No. 5,714,927
`__________________________________________________________________
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`UNOPPOSED MOTION TO CORRECT EXHIBIT 1010
`(DECLARATION OF NIKOLAOS PAPANIKOLOPOULOS)
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`Case No. IPR2016-00293
`U.S. Patent No. 5,714,927
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`Petitioner Toyota Motor Corporation (“TMC”) respectfully moves pursuant
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`to 37 C.F.R. § 42.104(c) for permission to file a corrected Exhibit 1010 to correct
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`an inadvertent clerical error in the exhibit as filed.
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`Exhibit 1010 was intended to be the Declaration of Nikolaos
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`Papanikolopoulos, which Dr. Papanikolopoulos executed in support of TMC’s
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`Petition for Inter Partes Review of U.S. Patent No. 5,714,927 (Paper 2). However,
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`to comply with the pagination requirements for exhibits set forth in 37 C.F.R. §
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`42.63, TMC’s counsel repaginated Dr. Papanikolopoulos’ executed declaration and
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`in that process inadvertently deleted one patent figure which had been included in
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`the declaration when executed. As a result, Exhibit 1010 as filed does not include
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`that patent figure. In particular, the patent figure inadvertently deleted is Figure 7
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`of U.S. Patent No. 5,767,793, which was cited, discussed and reproduced in
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`paragraph 36 on page 18 of Dr. Papanikolopoulos’ declaration. The above figure
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`that was inadvertently deleted from Exhibit 1010 appears in the copy of U.S.
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`Patent No. 5,767,793 that was filed as Exhibit 1005 with the petition.
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`In sum, as explained above, the inadvertent omission of one patent figure in
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`Exhibit 1010 arose due to an inadvertent clerical mistake that occurred in
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`complying with the formatting requirements, and the missing figure appears in
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`Exhibit 1005. Therefore, TMC respectfully moves for permission to file a
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`Case No. IPR2016-00293
`U.S. Patent No. 5,714,927
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`corrected version of Exhibit 1010 that includes the omitted figure but is otherwise
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`identical to the Exhibit 1010 as originally filed with the petition. TMC has
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`attached the proposed Corrected Exhibit 1010 to this motion.
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`Counsel for TMC contacted counsel for patent owner Signal IP, Inc.
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`(“Signal”), who indicated that Signal does not oppose this motion. The Board
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`authorized the filing of this motion by email on May 16, 2016.
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`Respectfully submitted,
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`Dated: May 17, 2016
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` /John Flock/
`John Flock (Reg. No. 39,670)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
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`Counsel for Petitioner Toyota
`Motor Corporation
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`Case No. IPR2016-00293
`U.S. Patent No. 5,714,927
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing UNOPPOSED
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`MOTION TO CORRECT EXHIBIT 1010 (DECLARATION OF NIKOLAOS
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`PAPANIKOLOPOULOS) was served via e-mail on May 17, 2016, in its
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` /John Flock/
`John Flock (Reg. No. 39,670)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
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`Counsel for Petitioner Toyota
`Motor Corporation
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`entirety, on the following:
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`Tarek N. Fahmi (Reg. No. 41,402)
`Holly J. Atkinson (Reg. No. 69,934)
`Jason A. LaBerteaux (Reg. No. 65,724)
`Ascenda Law Group, PC
`333 W San Carlos St., Suite 200
`San Jose, CA 95110
`Tel: 866-877-4883
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
`patents@ascendalaw.com
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