`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`CANON INC.; CANON USA, INC.;
`CANON FINANCIAL SERVICES, INC.; FUJIFILM CORPORATION;
`FUJIFILM HOLDINGS AMERICA CORPORATION;
`FUJIFILM NORTH AMERICA CORPORATION; JVC KENWOOD
`CORPORATION; JVCKENWOOD USA CORPORATION;
`NIKON CORPORATION; NIKON INC.; OLYMPUS CORPORATION;
`OLYMPUS AMERICA INC.; PANASONIC CORPORATION;
`PANASONIC CORPORATION OF NORTH AMERICA;
`SAMSUNG ELECTRONICS CO., LTD., AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`PAPST LICENSING GMBH & CO. KG
`Patent Owner.
`____________________
`
`Case IPR2016-012111
`Patent 8,504,746
`____________________
`
`PAPST LICENSING GMBH & CO. KG’S ITEMIZED LISTING OF
`OBJECTIONABLE ARGUMENTS AND EVIDENCE FILED WITH
`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`1 Case IPR2017-00678, filed by LG Electronics, Inc., and Case IPR2017-00710,
`filed by Huawei Device Co., Ltd., have been joined with this proceeding.
`
`
`
`
`
`Pursuant to the Board’s order (Paper 25), Patent Owner Papst Licensing
`
`IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`(“Papst”) submits the following listing of arguments and evidence submitted with
`
`Petitioner’s Reply of June 15, 2017 (Paper 22) that are beyond the proper scope of
`
`a reply under 37 C.F.R. 42.23(b) and Office Trial Practice Guide, Section II(I), 77
`
`Fed. Reg. 48756, 48767:
`
`1.
`
`“[I]t was well known and customary for hard disks in microcomputers to use
`
`a file system.” Reply, p. 4, l. 14- p. 5, l. 11, citing Ex. 1204C, pp. 30, 51, 54, 85,
`
`and 93 and Reynolds’ 2nd Declaration, Ex. 1215, ¶2.
`
`2.
`
`“[T]he MS-DOS Encyclopedia supports and corroborates Dr. Reynolds’
`
`original testimony.” Reply, p. 6, l. 17- p. 7, l. 7, citing Ex. 1204C, p. 86.
`
`3.
`
`4.
`
`New Annotated FIG. 1, Reply, p. 8.
`
`“This arrangement would have allowed concurrent write-access to the data
`
`reading unit . . . making using a file system with Kawaguchi an attractive . . .
`
`choice to a POSITA.” Reply p. 8, lines 5-9, citing Ex. 1215, ¶¶18-19, 5-11.
`
`5.
`
`6.
`
`New Annotated FIG. 1, Reply, p. 9.
`
`“The well-understood flexibility provided by a file system would have
`
`motivated a POSITA . . .” Reply, p. 9, lines 4-8, citing Ex. 1215, ¶ 19.
`
`7.
`
`“This arrangement enables the local buffers of the peripherals to process
`
`other jobs . . .” Reply, p. 9, l. 12- p. 10, l. 6, citing Ex. 1215, ¶¶19-21, 10, 14.
`
`
`
`1
`
`
`
`“[A] POSITA would have been motivated to use a file system . . .
`
`IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`
`8.
`
`impart[ing] a significant system-flexibility improvement . . .” Reply, p. 10, l. 15- p.
`
`11, l. 8, citing Ex. 1215, ¶¶5-15, 18.
`
`9.
`
`“[Papst’s] system would be unable to accommodate asynchronous and
`
`overlapped data requests . . . rendering the data in the buffer useless.” Reply, p. 12,
`
`l. 7- p. 13, l. 6, citing Ex. 1215, ¶¶3, 5-15.
`
`10.
`
`“A POSITA would have been motivated to avoid such issues by using a file
`
`system . . . to accommodate asynchronous and overlapped I/O is basic computer
`
`architecture design. . .” Reply, p. 13, lines 7-18, citing Ex. 1215, ¶¶2, 12-14.
`
`11.
`
`“[M]ultiple secondary references . . . would have motivated a POSITA to
`
`use a file system. . .” Reply, p. 14, lines 8-15, citing Ex. 1215, ¶¶2, 18-21.
`
`12.
`
`“It would have been obvious. . . to use simultaneous acquisition of data from
`
`multiple analog channels. . .” Reply, p. 26, l. 12- p. 27, l. 1, Ex. 1215, ¶¶ 5-11, 18.
`
`13.
`
`“A POSITA would have been well aware of this temporary storage paradigm
`
`because it is exactly the configuration described in Matsumoto . . .” Reply, p. 28, l.
`
`14- p. 29, l. 5, citing Ex. 1215, ¶¶ 15, 18-21.
`
`14. Exs. 1217 and 1218 in their entirety. Neither are cited in the Reply, but Ex.
`
`1217 is cited in Ex. 1215 at ¶¶2, 15, 18 and Ex. 1217 is cited in Ex. 1215 at ¶¶2, 5-
`
`14, and 17-19.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`2
`
`
`
`
`
`
`
`
`Dated: August 9, 2017
`
`
`
`
`
`
`
`IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`
`
`
`
`/Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`Lead Counsel for Patent Owner
`ntpete@fitcheven.com
`
`
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on August 9,
`
`2017, a complete and entire copy of the foregoing paper has been served in its
`
`entirety by e-mail on the following addresses of record for Petitioner:
`
`PapstPTABPetitioners@Jonesday.com
`
`LG-Papst-IPR@gtlaw.com
`
`finnh@gtlaw.com
`
`girouxj@gtlaw.com
`
`dgarr@cov.com
`
`gdischer@cov.com
`
`Dated: August 9, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`/Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`Lead Counsel for Patent Owner
`ntpete@fitcheven.com
`
`4
`
`
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