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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`Joint Filing on Motion for Joinder
`PTAB Case No. IPR2017-01766
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION, MICROSOFT MOBILE INC.,
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`Petitioners,
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`v.
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`KONINKLIJKE PHILIPS N.V.,
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`Patent Owner.
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`Case No.: IPR2017-01766
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`Patent No. RE44,913
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`JOINT STIPULATION ON MOTION FOR
`JOINDER UNDER 35 U.S.C § 315(c) AND
`37 C.F.R. § 42.22
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`Microsoft Corporation and Microsoft Mobile Inc. (collectively,
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`“Microsoft”), Petitioners in Case No. IPR2017-01766, and Koninklijke Philips
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`N.V. (“Philips”), the Patent Owner in this case, held a telephonic hearing with the
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`Board on August 22, 2017, to discuss Microsoft’s motion for joinder of IPR2017-
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`01766 with IPR2017-00386. Google Inc. (“Google”) is the petitioner in Case No.
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`IPR2017-00386.
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`During the August 22 hearing, the Board instructed Philips and Microsoft to
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`submit a joint filing by August 29, 2017, stating the parties’ agreed position
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`regarding Microsoft’s motion for joinder. The Board also requested that Philips
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`and Microsoft to reach out to Google to ascertain its position regarding the
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`stipulation. Further to the Board’s request, Philips contacted Google to determine
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`whether Google would oppose joinder under the terms set forth below. Google
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`indicated to Philips and Microsoft that it does not oppose joinder generally, but
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`that it does oppose certain terms for joinder that Philips and Microsoft have
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`proposed, primarily with respect to the additional briefing contemplated in
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`paragraph 4 below. The parties were unable to reach agreement with Google on
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`this issue prior to the filing deadline. Therefore, Google does not join in this
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`stipulation.
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`In accordance with the Board’s order, the undersigned stipulate to joinder of
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`IPR2017-01766 with IPR2017-00386 under the following terms:
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`1.
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`Philips does not oppose Microsoft’s motion to join IPR2017-01766
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`with IPR2017-00386.
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`2.
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`The joint proceeding will be based exclusively on the petition and
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`evidence filed by Google in IPR2017-00386.
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`3.
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`If Microsoft receives any time for cross and re-direct examination of
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`any witness or for oral argument, at Google’s discretion, such time
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`will be taken from the time allotted to Google in IPR2017-00386.
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`4.
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`The submissions, page limits and word counts currently allotted in
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`IPR2017-00386 for any written work product will not be affected by
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`joinder, with the exception that, within 5 business days following the
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`filing of any brief containing argument by Google, Microsoft may
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`separately file up to five pages directed only to points of disagreement
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`it may have with Google, and Philips may thereafter respond within 5
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`business days with a corresponding number of pages. Microsoft may
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`not separately advance any arguments in furtherance of those
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`advanced by Google in the proceeding. This arrangement is intended
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`to be consistent with that adopted by the Board in Dell, Inc. v.
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`Network-1 Security Solutions, Inc., No. IPR2013-00385, Paper 17 at 8
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`(P.T.A.B. July 29, 2013) and Motorola Mobility LLC v. SoftView
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`LLC, No. IPR2013-00256, Paper 10 at 9 (P.T.A.B. June 20, 2013).
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`3
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`Dated: August 29, 2017
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`Respectfully submitted,
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` /Justin J. Oliver/
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`Lead Counsel
`Justin J. Oliver, Reg. No. 44,986
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`Back-up Counsel,
`Jason M. Dorsky, Reg. No. 64,710
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`FITZPATRICK CELLA HARPER &
`SCINTO
`975 F Street, N.W.
`Washington, DC 20004
`(202) 530-1010
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`Attorneys for Patent Owner in
`IPR2017-01766 and IPR2017-00386
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`/Christina J. McCullough/
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`Lead Counsel
`Christina J. McCullough, Reg. No.
`58,720
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`Back-up Counsel
`Chad S. Campbell, pro hac vice
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`PERKINS COIE LLP
`1201 Third Ave., Suite 4900
`Seattle, WA 98101
`(206) 359-8000
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`Attorneys for Petitioners in
`IPR2017-01766
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`4
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`Joint Filing on Motion for Joinder
`PTAB Case No. IPR2017-01766
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4) and 42.105, the undersigned certifies
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`that on this date, a true and correct copy of the foregoing was served via email on
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`the Petitioner at the following email address:
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`CMcCullough@perkinscoie.com
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`CSCampbell@perkinscoie.com
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`JCrop@perkinscoie.com
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`MSFT-913-IPRService@perkinscoie.com
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`Dated: August 29, 2017
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`Fitzpatrick, Cella, Harper & Scinto
`1290 Avenue of the Americas
`New York, NY 10104
`Tel: (212) 218-2100
`Fax: (212) 218-2200
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`/Jason M. Dorsky/
`Jason M. Dorsky
`Counsel for Patent Owner
`Registration No. 64,710
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