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`Filed: July 5, 2023
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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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`ECOBEE TECHNOLOGIES, ULC,
`Petitioner
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`v.
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`ECOFACTOR, INC.,
`Patent Owner
`________________
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`IPR2022-00983
`U.S. Patent No. 8,596,550
`________________
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Petitioner ecobee Technologies, ULC hereby requests oral argument
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`pursuant to 37 C.F.R. § 42.70(a) and DUE DATE 4 of the Scheduling Order.
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`According to the Scheduling Order, oral argument in this proceeding (and related
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`proceeding IPR2022-00969 (“Related Proceeding”)) will take place on August 18,
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`2023.
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`This and the Related Proceeding pertain to the same patent and address
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`similar issues. Consequently, the proceedings lend themselves to a combined oral
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`hearing. Thus, Petitioner requests 60 minutes of argument per side, for a combined
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`oral hearing for this proceeding and the Related Proceeding. Petitioner understands
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`that the hearing for these proceedings may be held at the regional office in Denver,
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`CO, or remotely by video conference. Petitioner requests that the hearing be held
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`by video conference.
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`Petitioners request oral argument on the following issues:
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`(1) Ground 1, namely whether claims 1-16 are unpatentable over Ehlers
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`in view of Wruck;
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`(2) Ground 2, namely whether claims 19-16 are unpatentable over Ehlers
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`in view of Wruck and Harter;
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`the meaning of the claim terms, as addressed by the parties; and
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`any other matters raised by Patent Owner or the Board.
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`(3)
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`(4)
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`- 1 -
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`Respectfully submitted,
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`/Justin J. Oliver/
`Justin J. Oliver
`VENABLE LLP
`600 Massachusetts Avenue, NW
`Washington, D.C. 20001
`Telephone: 202-721-5423
`Facsimile: 202-344-8300
`Email: JOliver@Venable.com
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`DATED: July 5, 2023
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`- 2 -
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this date, true and correct copies of the foregoing
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`Petitioner’s Request for Oral Argument were served via email to the following
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`addresses:
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`pwang@raklaw.com
`jlink@raklaw.com
`rmirzaie@raklaw.com
`kdavis@raklaw.com
`rak_ecofactor@raklaw.com
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`Respectfully submitted,
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`/Justin J. Oliver/
`Justin J. Oliver
`VENABLE LLP
`600 Massachusetts Avenue, NW
`Washington, D.C. 20001
`Telephone: 202-721-5423
`Facsimile: 202-344-8300
`Email: JOliver@Venable.com
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`DATED: July 5, 2023
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`- 3 -
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