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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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`JVC KENWOOD Corporation, et al.
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`Petitioners
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`v.
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`Papst Licensing GmbH & Co., KG,
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`Patent Owner
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`CASE: IPR2016-01213
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`Patent No. 8,504,746
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`PETITIONERS’ NOTICE RESPONDING TO NOTICE OF FILING DATE
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`IPR2016-01213
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`
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`On June 23, 2016, a Notice of Filing Date Accorded to Petition And Time For
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`Filing Patent Owner Preliminary Response (“Notice”) was issued. Paper 3. The
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`Notice identified the following defects:
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` [1] Insufficient fee payment.
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` [2] Failure to identify the specific patent claims being challenged.
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` [3] Failure to identify the statutory grounds on which the challenge to
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`each claim is based.
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` [4] Failure to number exhibits properly.
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` [5] Failure to label exhibits properly.
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`The Notice allows Petitioner five (5) business days to correct the defects.
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`Notice at 1-2. The Notice further states that no substantive changes (e.g., new
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`grounds) may be made to the petition. Id. at 2.
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`Petitioners are concurrently filing a Corrected Petition with the following
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`corrections to address the defects identified in the Notice:
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` In the Introduction, (p.1), the Challenged Claims originally identified
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`claims 1-3, 6-10, 15, 17-21, 24, 25, 29, 31 and 34. This list of claims has
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`been corrected to match the claims actually challenged in the body of the
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`Petition. Accordingly, claims 20 and 29 were removed and claims 23
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`-2-
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`IPR2016-01213
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`and 35 were added. Thus, the correct Challenged Claims are 1-3, 6-10,
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`15, 17-19, 21, 23-25, 31, 34 and 35.
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` The same corrections to the identification of Challenged Claims also
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`were made at Sections IV.A (p.5), VI.C (p.50), and the Conclusion.
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` The grounds upon which claim 23 are challenged were corrected in
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`Section IV.B (p.7) to conform to the argument in the Petition.
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`Petitioners submit that these changes address defects [1]-[3] regarding the
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`payment of insufficient fees (the fees paid match the number of claims identified as
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`being presently challenged), identification of the patent claims being challenged, and
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`the statutory grounds on which the challenge to each claim is based, and that none of
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`these changes are substantive.
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`On June 29, 2016, in a telephone conference between Petitioners’ lead
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`counsel and PTAB paralegal Maria Vignone, Ms. Vignone authorized Petitioners to
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`use the original exhibit numbering and labeling. As a result, no changes to the
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`exhibit numbering or labeling were necessary and none were made.
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`Petitioners also fixed the header lettering in Section IV and removed
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`paragraph numbering inadvertently inserted on page 44.
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`Petitioners submit that the above changes address the noticed defects, are not
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`substantive, and do not result in any additional fees due. However, to the extent any
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`fees are due, Petitioners authorize payment from Deposit Account No. 10-0440.
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`-3-
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`Date: June 30, 2016
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`IPR2016-01213
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`Respectfully submitted,
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`By
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`/s/ Gregory S. Cordrey
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`-4-
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`IPR2016-01213
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies
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`that a copy of
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`the
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`foregoing
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`PETITIONERS’ NOTICE RESPONDING TO NOTICE OF FILING DATE
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`was served on June 30, 2016 via E-mail and Federal Express delivery directed to the
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`attorney of record for the patent at the following address:
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`Anthony Meola, Jr.
`info@themeolafirm.com
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, New York 10577
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`A courtesy copy is also being served via E-mail to Papst’s litigation counsel
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`at:
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`
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`John M. Desmarais
`jdesmarais@desmaraisllp.com
`Jonas R. McDavit
`jmcdavit@desmaraisllp.com
`Richard M. Cowell
`rcowell@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
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`
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`Christopher V. Goodpastor
`cgoodpastor@dpehlaw.com
`Andrew G. DiNovo
`adinovo@dpehlaw.com
`Adam G. Price
`aprice@dpehlaw.com
`Jay D. Ellwanger
`jellwanger@dpehlaw.com
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`-5-
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`IPR2016-01213
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`DINOVO PRICE ELLWANGER & HARDY, LLP
`7000 N. MoPac Expressway, Suite 350
`Austin, Texas 78731
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`
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`Date: June 30, 2016
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`By: /s/ Gregory S. Cordrey
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`-6-
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