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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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`APPLE INC. and FITBIT, INC.
`Petitioner
`
`v.
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`VALENCELL, INC.
`Patent Owner
`____________
`
`Case IPR2017-003171
`U.S. Patent No. 8,989,830
`__________________
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`JOINT OBJECTIONS TO DEMONSTRATIVES
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`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 Case IPR2017-01553 has been joined with this proceeding.
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`
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`
`
`Case IPR2017-00317
`U.S. Patent No. 8,989,830
`Pursuant to the Board’s Order of February 16, 2018, the parties jointly
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`submit the following one-page list of demonstrative objections:
`
`PO’s Slides2 (Bragalone)
`
`Issue
`
`7, 10, 16/16:2, 17, 19, 20, 21, 48, 53, 61, 62,
`82(green), 95(blue),
`
`Annotated Figure/Text Not
`Record
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`in
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`13, 27, 31
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`Images Not in Record
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`24:1-2, 25, 28:1-3, 90:1, 92:2
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`False/Misleading Statement
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`10:1-3, 19(red), 20(red), 32:1-2, 36:2-4,
`37:2-7, 38:1, 41:3-4, 42:3-5, 43:3, 4:3-6, 53,
`61(red), 62(red), 69, 81, 84:2-6, 88:2-4,
`90:4-5, 95:1-3, 100:1-5, 112:3-6
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`New Argument
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`17, 34:1, 37:2, 38, 41, 69, 92
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`Exhibit/Figure Not Previously Cited
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`
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`Slide Comments on Petitioner’s Slides from Patent Owner
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`7, 8 Claim construction position presented for the first time in Reply
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`10
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`15
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`17
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`19
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`20
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`Reliance on Fig. 7A presented for the first time in Reply
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`Interpretation of “light transmissive material” presented first in Reply
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`Argument first in Reply of Dr. Anthony’s prior awareness of detriments
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`Argument on alleged non-adhesive embodiment presented first in Reply
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`Argument on “fingers and other extremities” presented first in Reply
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`21 Motivation to combine arguments presented first in Reply
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`
`2 #:# indicates slide and bullet number(s) (e.g., 1:1-2 is Slide 1, Bullets 1 & 2)
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`
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`- 1 -
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`Case IPR2017-00317
`U.S. Patent No. 8,989,830
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michelle K. Holoubek, Reg. # 54,179/
`
`Michelle K. Holoubek
`Registration No. 54,179
`Attorney for Petitioner Apple Inc.
`
`
`BRAGALONE CONROY PC
`
`
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`Justin B. Kimble
`Registration No. 58,591
`Attorney for Patent Owner
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`Date: February 23, 2018
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`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
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`
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`- 2 -
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`
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`Case IPR2017-00317
`U.S. Patent No. 8,989,830
`CERTIFICATION OF SERVICE (37 C.F.R. §§42.6(e))
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`The undersigned hereby certifies that a true and correct copy of the above-
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`captioned JOINT OBJECTIONS TO DEMONSTRATIVES was served
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`electronically via email in its entirety on February 23, 2018 on the following:
`
`Justin B. Kimble (PO’s Lead Counsel)
`Jeffrey R. Bragalone (PO’s Back-up Counsel)
`Nicholas C. Kliewer (PO’s Back-up Counsel)
`T. William Kennedy (PO’s Back-up Counsel)
`Jonathan H. Rastegar (PO’s Back-up Counsel)
`Brian P. Herrmann (PO’s Back-up Counsel)
`Marcus Benavides (PO’s Back-up Counsel)
`R. Scott Rhoades (PO’s Back-up Counsel)
`Sanford E. Warren, Jr. (PO’s Back-up Counsel)
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`Harper Batts (Counsel for Fitbit, Inc.)
`Jeremy Taylor (Counsel for Fitbit, Inc.)
`
`
`
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`JKimble-IPR@bcpc-law.com
`jbragalone@bcpc-law.com
`nkliewer@bcpc-law.com
`bkennedy@bcpc-law.com
`jrastegar@bcpc-law.com
`bherrmann@bcpc-law.com
`mbenavides@bcpc-law.com
`srhoades@wriplaw.com
`swarren@wriplaw.com
`
`harper.batts@bakerbotts.com
`jeremy.taylor@bakerbotts.com
`dlfitbit-valencell@bakerbotts.com
`
`
`
` Respectfully submitted,
`/Michelle K. Holoubek, Reg. # 54,179/
`
`Michelle K. Holoubek
`Registration No. 54,179
`Attorney for Petitioner Apple Inc.
`
`
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`
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`Date: February 23, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
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`
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