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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IPR 2016-00387
`U.S. Patent No. 8,841,778
`
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`SAMSUNG ELECTRONICS CO., LTD.;
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`MICRON TECHNOLOGY, INC.; and
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`SK HYNIX INC.
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`PETITIONERS
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`V.
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`ELM 3DS INNOVATIONS, LLC
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`PATENT OWNER
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`_____________________
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`CASE IPR2016-00387
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`PATENT No. 8,841,778
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`PATENT OWNER’S OBJECTIONS TO PETITIONERS’ EVIDENCE
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`

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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner hereby submits the
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`IPR 2016-00387
`U.S. Patent No. 8,841,778
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`following objections to the evidence Petitioners filed with their Petition for Inter
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`Partes Review dated December 28, 2015. Patent Owner’s objections apply equally
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`to Petitioners’ reliance on this Exhibit in any subsequently-filed documents in this
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`proceeding. These objections are being filed within ten business days of the
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`Board’s decision to institute a trial in this proceeding.
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`Exhibit 1002
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`Patent Owner objects to Exhibit 1002 under Rules 701 and 702 of the
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`Federal Rules of Evidence to the extent that Dr. Paul D. Franzon’s knowledge,
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`skill experience, training, and education do not support his qualifications as an
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`expert regarding the subject matter upon which he opines. Dr. Franzon’s testimony
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`constitutes scientific, technical, and specialized knowledge within the scope of
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`Rule 702. Such testimony, therefore, constitutes opinion testimony by a lay witness
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`that is prohibited by Rule 701.
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`Further, to the extent that Dr. Franzon qualifies as an expert witness, the
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`testimony is not based on sufficient facts or data nor is it a product of reliable
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`principles and methods. Additionally, Dr. Franzon failed to reliably apply the
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`principles and methods he describes to the facts of the case. Thus, to the extent it
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`qualifies as expert testimony, Rule 702 prohibits the testimony.
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`1
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`

`
`IPR 2016-00387
`U.S. Patent No. 8,841,778
`
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`Respectfully submitted,
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`Dated: July 15, 2016
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` ROBINS KAPLAN LLP
`
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`By: /s/Cyrus A. Morton
` Cyrus A. Morton (Reg. No. 44,954)
` Attorney for Patent Owner
`
`2
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`

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`IPR 2016-00387
`U.S. Patent No. 8,841,778
`
`
`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that on July 15, 2016, the foregoing
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`PATENT OWNER’S OBJECTIONS TO PETITIONERS’ EVIDENCE was
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`served electronically via email in its entirety on the following counsel of record for
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`the Petitioners:
`
`Naveen Modi (Reg. No. 46,224)
`PAUL HASTINGS LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`Tel: 202-551-1700
`Fax: 202-551-1705
`Email: PH-Samsung-ELM-IPR@paulhastings.com
`
`John Kappos (Reg. No. 37,861)
`O’MELVENY & MEYERS LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Tel: 949-823-6900
`Fax: 949-823-6994
`E-mail: jkappos@omm.com
` PTABMICRONELM@omm.com
`
`
`Jason A. Engel (Reg. No. 51,654)
`K&L GATES LLP
`70 West Madison Street, Suite 3100
`Chicago, IL 60602
`Tel: 312-807-4236
`Fax: 312-827-8145
`Email: jason.engel.PTAB@klgates.com
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`
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`

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`Dated: July 15, 2016
`
`IPR 2016-00387
`U.S. Patent No. 8,841,778
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` ROBINS KAPLAN LLP
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`By: /s/Cyrus A. Morton
` Cyrus A. Morton (Reg. No. 44,954)
` Attorney for Patent Owner

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