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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`SAMSUNG ELECTRONICS CO., LTD
`MICRON TECHNOLOGY, INC.; AND
`SK HYNIX INC.,
`Petitioners,
`
`v.
`
`ELM 3DS INNOVATIONS, LLC,
`Patent Owner.
`
`________________
`
`Case IPR2016-00387
`Patent 8,841,778
`
`________________
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`

`
`Patent Owner Elm 3DS Innovations, LLC submits the following updated
`
`exhibit list:
`
`Case IPR2016-00387
`Patent No. 8,841,778
`
`REFERENCE
`
`EXHIBIT LIST
`
`EXHIBIT
`NO.
`2100
`
`Proofs of Service of Complaint
`“Dec. 22, 2015 Power Outage Updates,”
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-
`outage-updates (last visited February 4, 2016).
`“Communications With the Patent and Trademark Office,” 61 Fed.
`Reg. 56439 (November 1, 1996).
`“Filing of Papers During Unscheduled Closings of the Patent and
`Trademark Office,” 1097 Off. Gaz. Pat. Office 53 (December 20,
`1988) (republished at 1170 Off. Gaz. Pat. Office 8 (January 3,
`1995)).
`35 U.S.C.A. § 21 “Filing date and day for taking action.”
`Pub. L. No. 97-247, 1982 U.S.C.C.A.N., 96 Stat. 775.
`USPTO gives free pass on filing deadlines until December 28,
`https://blog.oppedahl.com/?p=1152, last visited February 4, 2016.
`U.S. Office of Personnel Management 2015 Holiday Schedule,
`https://www.opm.gov/policy-data-oversight/snow-dismissal-
`procedures/federal-holidays/#url=2015, last visited February 18,
`2016.
`“Executive Orders,” https://www.whitehouse.gov/briefing-
`room/presidential-actions/executive-orders, last visited February
`18, 2016.
`“Updated Message Regarding USPTO Outage,”
`2109
`http://popa.org/2619/, last visited February 4, 2016.
`2110-2114 RESERVED
`“Relief Available to Patent and Trademark Applicants, Patentees
`and Trademark Owners Affected by the Catastrophic Events of
`March 11, 2011 in Japan,” 1365 Off. Gaz. Pat. Office (republished
`at 1421 Off. Gaz. Pat. Office 87 (December 29, 2015)).
`“Relief Available to Patent and Trademark Applicants, Patentees
`and Trademark Owners Affected by the Severe Earthquakes in
`Northern Italy,” 1381 Off. Gaz. Pat. Office (July 30, 2012)
`(republished at 1421 Off. Gaz. Pat. Office 84 (December 29,
`2015)).
`
`2101
`
`2102
`
`2103
`
`2104
`2105
`2106
`
`2107
`
`2108
`
`2115
`
`2116
`
`2
`
`

`
`REFERENCE
`
`Case IPR2016-00387
`Patent No. 8,841,778
`
`EXHIBIT
`NO.
`
`2117
`
`2118
`
`“Relief Available to Patent and Trademark Applicants, Patentees
`and Trademark Owners Affected by the Catastrophic Flooding in
`Thailand,” 1375 Off. Gaz. Pat. Office (January 25, 2012)
`(republished at 1421 Off. Gaz. Pat. Office 81 (December 29,
`2015)).
`MANUAL OF PATENT EXAMINING PROCEDURE, 9th ed., §511, “Postal
`Service Interruptions and Emergencies [R-07.2015],
`http://www.uspto.gov/web/offices/pac/mpep/mpep-0500.pdf, last
`visited February 18, 2006.
`“United States Postal Service Interruptions and Emergency
`Terminated,” 1262 Off. Gaz. Pat. Office 94 (August 19, 2003)
`(republished 1421 Off. Gaz. Pat. Office 133 (December 29, 2015)).
`Howard Florey Institute v. Dudas, 87 U.S.P.Q.2d 1913 (E.D. Va.
`2008).
`“Rules of Practice for Trials Before the Patent Trial and Appeal
`Board and Judicial Review of Patent Trial and Appeal Board
`Decisions,” 77 Fed. Reg. 48612 (August 14, 2012).
`Prosecution History of U.S. Patent No. 7,705,466 – Office Action
`mailed October 10, 2008.
`Prosecution History of U.S. Patent No. 7,705,466 – Response to
`2123
`Office Action dated January 7, 2009.
`RESERVED
`2124
`Prosecution History of U.S. Patent No. 7,705,466 – Response to
`2125
`Office Action dated February 16, 2009.
`RESERVED
`2126
`Prosecution History of U.S. Patent No. 7,705,466 – Office Action
`2127
`mailed November 2, 2009.
`2128-2130 RESERVED
`Prosecution History of U.S. Application 12/497,652 – Response to
`2131
`Office Action dated July 22, 2014.
`Prosecution History of U.S. Application 12/497,653 – Response to
`Office Action dated July 22, 2014.
`Cote “Low-temperature chemical vapor deposition processes and
`dielectrics for microelectronic circuit manufacturing at IBM” July
`1995
`Prosecution History of U.S. Patent No. 8,796,862 – List of
`References Cited by Applicant and Considered by Examiner dated
`April 4, 2008
`
`2119
`
`2120
`
`2121
`
`2122
`
`2132
`
`2133
`
`2134
`
`3
`
`

`
`REFERENCE
`
`Case IPR2016-00387
`Patent No. 8,841,778
`
`EXHIBIT
`NO.
`2135
`2136
`
`US Patent No. 4,924,589 (Leedy)
`Prosecution History of U.S. Patent No. 8,796,862 – Response to
`Office Action Dated July 7, 2012
`Prosecution History of U.S. Patent No. 5,869,354 - Declaration of
`2137
`Dr. Alain Harrus dated November 7, 1997
`2138-2142 RESERVED
`District Court Service Dates for Petitions for Inter Partes Review
`2143
`That Were Accorded a December 28, 2016 Filing Date
`2144-2153 RESERVED
`Excerpt from '778 Prosecution History; Filing Receipt, Issue
`2154
`Notification, and Terminal Disclaimer
`2155-2156 RESERVED
`2157
`Declaration of Michael C. Newman in Support of PHV
`
`Dated: September 16, 2016
`
`/William Meunier/
`William A. Meunier (Reg. No. 41,193)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1845
`Facsimile: (617) 542-2241
`ELM_3DS_IPRs@mintz.com
`
`4
`
`

`
`Case IPR2016-00387
`Patent No. 8,841,778
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of Patent Owner’s Updated Exhibit List is being served
`
`by electronic mail on the following counsel of record:
`
`Petitioners
`
`Jason A. Engel (Reg. No. 51,654)
`K&L GATES LLP
`70 West Madison Street, Suite 3100
`Chicago, IL 60602
`Telephone: (312) 807-4236
`Facsimile: (312) 827-8145
`jason.engel.PTAB@klgates.com
`
`John Kappos (Reg. No. 37,861)
`O’MELVENY & MYERS LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Telephone: (949) 823-6900
`Facsimile: (949) 823-6994
`jkappos@omm.com
`PTABMICRONELM@omm.com
`
`Patent Owner
`
`Cyrus A. Morton (Reg. No. 44,954)
`cmorton@robinskaplan.com
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`Minneapolis, MN 55402-2015
`Tel.: (612) 349-8500
`Fax: (612) 339-4181
`
`Naveen Modi (Reg. No. 46,224)
`PAUL HASTINGS LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`Telephone: (202) 551-1700
`Facsimile: (202) 551-1705
`PH-Samsung-ELM-IPR@paulhastings.com
`
`James Carmichael (Reg. No. 45,306)
`jim@carmichaelip.com
`CARMICHAEL IP, PLLC
`8000 Towers Crescent Drive, 13th Floor
`Tysons Corner, VA 22182
`Tel.: (703) 646-9250
`
`5
`
`

`
`Dated: September 16, 2016
`
`Case IPR2016-00387
`Patent No. 8,841,778
`
`/William A. Meunier/
`William A. Meunier (Reg. No. 41,193)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1615
`Facsimile: (617) 542-2241
`ELM_3DS_IPRs@mintz.com
`
`6

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