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`IPR2016-01710
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNITIED PATENTS INC.
`Petitioner
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`v.
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`DIGITAL AUDIO ENCODING SYSTEMS, LLC
`Patent Owner
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`IPR2016-01710
`Patent 7,490,037
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`PATENT OWNER’S MOTION TO EXPUNGE
`PRELIMINARY REPONSE
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`IPR2016-01710
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`MOTION TO EXPUNGE PATENT OWNER’S PRELIMINARY
`RESPONSE AND RELATED EXHIBITS
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`INTRODUCTION
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`Patent Owner Digital Audio Encoding Systems, LLC (hereinafter “DAE” or
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`I.
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`“Patent Owner”) respectfully submits this Motion to Expunge the Patent Owner’s
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`Preliminary Response along with its attached Exhibits 1-3 (Dkt. Nos. 10-13,
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`collectively “POPR”). Petitioner Unified Patents, Inc. (hereinafter “Unified
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`Patents” or “Petitioner”) alleges that both the Response and exhibits include
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`confidential information subject to a non-disclosure agreement. Pursuant to 37
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`C.F.F. § 42.54, Patent Owner certifies that it has previously conferred with
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`Petitioner regarding this Motion to Expunge, and Petitioner does not oppose.
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`II.
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`FACTS AND DISCUSSION
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`Patent Owner believes that the patent claims of the subject patent, U.S.
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`Patent No. 7,490,037 (the “’037 patent”) are invalid in light of recently-developed
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`information, specifically, a break in the continuity in the chain
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`of priority applications due to failure to pay an extension fee. As a result, Patent
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`Owner and Petitioner expect to take steps to seek an adverse judgment on the
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`above-identified IPR, and/or dedicate the patent to the public. In the meantime,
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`Petitioner believes that the POPR includes confidential information, and has
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`requested that Patent Owner expunge the filing. Given the above circumstances,
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`IPR2016-01710
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`Patent Owner has no objection to expunging the POPR.
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`III. CONCLUSION
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`Accordingly, Patent Owner requests that this motion be granted and that the
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`POPR, collectively Docket Entries 10-13, be expunged from the record.
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`Respectfully submitted,
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`DEVLIN LAW FIRM LLC
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`By: /s/ Timothy Devlin
`Timothy Devlin
`Reg. No. 41706
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`Phone: (302) 449-9010
`tdevlin@devlinlawfirm.com
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`Attorney for Patent Owner
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`Dated: December 20, 2016