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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`CANON INC., et al.,
`Petitioner,
`v.
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`PAPST LICENSING GMBH & CO., KG,
`Patent Owner.
`____________________
`Case IPR2016-01211
`U.S. Patent No. 8,504,746
`_____________________
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`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO EVIDENCE SUBMITTED WITH PATENT OWNER RESPONSE
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Canon, Inc., et al.
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`(Petitioners) hereby serve these objections to evidence submitted by Patent Owner
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`Papst Licensing GmbH & Co. KG (“Papst”) with Papst’s Patent Owner Response
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`in the above noted case. This notice is being timely filed within 5 business days of
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`service of the Patent Owner Response (March 15, 2017).
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`1.
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`Exhibit 2009
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`Petitioners object to the admissibility of Exhibit 2009 (“Second Certified
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`Kawaguchi Translation”). Trial was instituted based on Petitioners’ translation of
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`Kawaguchi (Exhibit 1207 in each proceeding). Papst had an opportunity to object
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`to Petitioners’ translation under 37 C.F.R. § 42.64(b)(1) and elected not to do so.
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`Papst has thus waived its right to challenge Petitioners’ exhibit. Petitioners object
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`to the admissibility of Exhibit 2009 based on Federal Rule of Evidence (“FRE”)
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`401/402 (relevance), 403 (probative value outweighed by prejudice, confusing of
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`issues, wasting time), and waiver principles (see Flir Systems v. Leak Surveys,
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`IPR2014-00411, Paper 113 at 6 (PTAB, Sept. 3, 2015)).
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`Respectfully submitted,
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`
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`/ David M. Maiorana /
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`David M. Maiorana (Reg. No. 41,449)
`ATTORNEY FOR CANON INC., LEAD
`COUNSEL FOR PETITIONERS
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`Dated: March 22, 2017
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 22,
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`2017, a complete and entire copy of PETITIONERS’ OBJECTIONS UNDER 37
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`C.F.R. § 42.64(b)(1) TO EVIDENCE SUBMITTED WITH PATENT OWNER
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`RESPONSE has been served in its entirety by e-mail on the following addresses of
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`Respectfully submitted,
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` /
`
` Matthew W. Johnson /
`Matthew W. Johnson (Reg. No. 59,108)
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`(412) 394-9524
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`record for Petitioner:
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`ntpete@fitcheven.com
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`phenkelmann@fitcheven.com
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`jmarinelli@fitcheven.com
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`nlittle@fitcheven.com
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`ameola@themeolafirm.com
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`PapstIPR@fitcheven.com
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`
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`Dated: March 22, 2017
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