throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARVEST TRADING GROUP, INC.,
`
`Petition
`
`VIREO SYSTEMS, INC. AND
`
`UNEMED CORPOIMTION,
`
`Patent Owners
`
`U.S. PATENT NO. 8,629,685
`
`IPR 2016-00957
`
`DECLARATION OF JACOB W NEU
`
`EX. 2022
`
`
`
`

`
`DECLARATION
`
`I, Jacob W Neu (Reg. No. 67,546), hereby declare and say:
`
`1. I am an attorney of record for Patent Owner Vireo Systems, Inc. (Owner”) in
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`IPR2016-00947. I am over the age of 18 and have personal knowledge of the
`
`facts declared herein.
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`2. On August 3, 2016, I logged onto the PTAB E2E trial system to upload
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`Owner’s Preliminary Response (“Response”) and associated Exhibit Nos.
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`2001-2020.
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`3. I attempted to upload the attached Response via the PTAB E2E at 3:48 PM
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`CT on August 3, 2016. The E2E system generated an error appearing in the
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`upper right corner ofthe browser stating, “There is an issue saving document.”
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`An example of this is attached as Exhibit A. The email receipt generated is
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`attached in the collected receipts provided in Exhibit B.
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`4. I successfully uploaded Exhibit Nos. 2001-2020 using the separate exhibit
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`upload screen at 3 :57 PM CT. The email receipt generated is attached in the
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`collected receipts provided in Exhibit B.
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`5. I then attempted several more times to upload the Response, at 3 :58 PM, 3 :59
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`PM, 4:02 PM, 4:16 PM, 4:17 PM, 4:23 PM, 4:34 PM, 4:39 PM, and 4:40 PM.
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`These efforts included removing all metadata and hyperlinks in the Response,
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`and attempting to upload a scanned version of a paper copy of the Response.
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`

`
`The email receipts generated are attached in the collected receipts provided in
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`Exhibit B. These attempts were unsuccessful.
`
`.
`
`I emailed ptabe2e__system@uspto.gov at 4:04 PM seeking assistance for the
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`technical problem. I called the PTAB main contact number provided in the
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`USPTO website for E2E issues (571-272-7822) at 4:30 PM and left a message
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`explaining the issue. I also sent an email to PTABE2EADMIN@uspto.gov at
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`4:44 PM.
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`I did not receive a response to these inquiries. The emails are
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`attached hereto as Exhibit C.
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`. Due to these technical issues, I served Petitioner Harvest Trading Group, Inc.
`
`(“Petitioner”) service copies of the Response and associated exhibits at 4:52
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`PM. At 4:58 PM, I notified counsel in a separate email concerning the issue
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`with uploading the Response and expressed that we would continue
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`attempting to upload electronically, and also proceed with filing this Motion.
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`These emails are attached hereto as Exhibit D.
`
`. My co-counsel Stephen Hall (Reg. no. 44,734) attempted to upload the
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`Response from a different computer at 5:19 PM, 5 :26 PM, and 5 :29 PM. The
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`email receipts generated are attached in the collected receipts provided in
`
`Exhibit B. These attempts were unsuccessful.
`
`. In an abundance of caution, and in order to provide the Response to the PTAB
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`in some form electronically, Mr. Hall submitted the Response as an “exhibit,”
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`

`
`Exhibit 2021, rather than using the “File Preliminary Response” tab. The
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`Response was filed as “Exhibit 2021” at 5:46 PM, and it currently appears as
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`such on the E2E docket page for IPR20l6-00947. The email receipt generated
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`is attached in the collected receipts provided in Exhibit B.
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`l0.I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true. I
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`further declare that these statements were made with the knowledge that
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`willful or false statements and the like are punishable by fine or imprisonment,
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`or both, under 18 U.S.C. 1001, and that such willful false statements may
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`jeopardize the validity of the patents to which this proceeding pertains.
`
`Respectfully submitted,
`
`
`
`

`
`EXHIBIT A
`
`

`
`
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`.33.:..a..§._aé....a5.2..2:x.s.§:_....sa8
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`$..2.$~.m.§..._,oE33.¢m_._=._.u.n.2:2EwE_._uoo.
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`
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`
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`$93.5.<22.252¢.E.$§.m..m.
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`
`
`
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`$=o%3_.c£._=.__m.._...o>
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`EEO.............=2...E2.
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`wasSE2:
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`:.._...z...>8.s.§.oz.§.s.§.oz...2.2....mmge...
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`.8.a=o..3..mc_so...__2....$=.Eo_.E_._u§<
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`§2.3m.§._=.__u...,2..:§.§s....2..e__2...
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`§.......§~.....3.E25”...§__=___2.__.m...
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`.§...2§....2Eam..c2.E...m.q_mNEA§...§..m....s.a..<2:33.32$52.
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`
`
`
`

`
`EXHIBIT B
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 3:48 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—O0947
`
`E]
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`lPR2016-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`Patnet Owner's
`
`Preliminary
`Response
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`.
`.
`Preliminary
`Response
`
`Paper / Exhibit Number
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—client or work product privileges. lfyou have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 3:57 PM
`Neu, Jake
`I
`
`Document Upload IPR2016—0O947
`
`E
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Filing Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR2016-00947
`
`Filing Date:
`Point of Contact:
`
`Document List
`
`Vireo Systems, Inc.
`
`08/03/2016
`millerra@pepperlaw.com, Raymond Miller
`
`§:Il):: / Exhlblt
`
`Document Type
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`Paper / Exhibit Number
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`2001
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`2002
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`2003
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`2004
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`2005
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`2006
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`2007
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`2008
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`2009
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`2010
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`201 1
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`2012
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`2013
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`2014
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`2015
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`2016
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`2017
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`2018
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`

`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e—mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This email is from a law firm and may be protected by the attorney-client or work product privileges. if you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2 E_System@uspto.gov
`Wednesday, August 03, 2016 3:57 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—OO947
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR2016-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`201 1
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`2013
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`2014
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`2018
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`2020
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`2010
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`2012
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`2015
`
`2016
`
`

`
`Patent Owner's
`
`Preliminary
`Response
`
`Preliminary
`Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—client or work product privileges, If you have received this message in
`error. please notify the sender by replying to this e-mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 3:59 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—OO947
`
`2
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR2016-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`2011
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`2013
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`2014
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`2018
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`2020
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`2010
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`2012
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`2015
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`2016
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`

`
`Patent Owner
`
`Preliminary
`Response
`
`Preliminary
`Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorneyazlient or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer.
`
`
`
`

`
`Neu, Jake
`
`
`PTABE2 E_System@uspto.gov
`Wednesday, August 03, 2016 4:02 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—0O947
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR20l 6-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`201 1
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`2013
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`2014
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`2018
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`2020
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`2010
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`2012
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`2015
`
`2016
`
`

`
`Patent Owner
`
`Preliminary
`Response
`
`Preliminary
`Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e—mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attomey»client or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e—mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`
`Wednesday, August 03, 2016 4:16 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—0O947
`
`L
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR20 1 6-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`2011
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`2013
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`2014
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`2018
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`2020
`
`2010
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`2012
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`2015
`
`2016
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney-client or work product privileges. If you have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer.
`
`
`
`
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 4:17 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—00947
`
`E]
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR2016—00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`2011
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`2013
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`2014
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`2018
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`2020
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`2010
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`2012
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`2015
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`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer—generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—cllent or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e—mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 4:23 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—O0947
`
`131;:
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR2016-00947
`
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`
`Ex. 2004
`
`Ex. 2014
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`0 EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
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`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`2011
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`2013
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`2014
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`2018
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`2020
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`2010
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`2012
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`2015
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`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`mW__._—.—m
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`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—ciient or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 4:33 PM
`Neu, Jake
`
`PO Preliminary Response IPR2016—O0947
`
`E‘]Z=
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`IPR2016—O0947
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`
`Ex. 2006
`
`Ex. 2004
`
`Ex. 2007
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 2014
`
`Ex. 2018
`
`Ex. 2020
`
`Ex. 2010
`
`Ex. 2012
`
`Ex. 2015
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
`
`Paper / Exhibit Number
`2001
`
`2002
`
`2005
`
`2006
`
`2003
`
`2004
`
`2007
`
`2008
`
`2009
`
`201 1
`
`2013
`
`2014
`
`2018
`
`2020
`
`2010
`
`2012
`
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner Response
`Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer—generated. Do not reply because this e-mail address is not monitored.
`
`
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the aitorney—client or work product privileges. if you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 4:39 PM
`Neu, Jake
`PO Preliminary Response IPR2016-00947
`
` :
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR2016-00947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`
`Paper Name
`Ex.2001
`
`Ex.2002
`
`Ex.2005
`
`Ex.2006
`
`Ex.2003
`
`Ex.2004
`
`Ex.2007
`
`Ex.2008
`
`Ex.2009
`
`Ex.2011
`
`EX. 2013
`
`Ex.2014
`
`Ex.2018
`
`Ex.2020
`
`Ex.20l0
`
`Ex.2012
`
`Ex.2015
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`EXHIBIT
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`Paper / Exhibit Number
`2001
`
`2002
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`2005
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`2006
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`2003
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`2004
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`2007
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`2008
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`2009
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`2011
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`2013
`
`2014
`
`2018
`
`2020
`
`2010
`
`2012
`
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`
`
`\
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the atlorney—cllent or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 4:40 PM
`Neu, Jake
`PO Preliminary Response IPR2016—OO947
`
`El
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR2016—OO947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`Ex. 2001
`Ex. 2002
`Ex. 2005
`Ex. 2006
`Ex. 2003
`Ex. 2004
`Ex. 2007
`Ex. 2008
`Ex. 2009
`Ex. 201 1
`Ex. 2013
`Ex. 2014
`Ex. 2018
`Ex. 2020
`Ex. 2010
`Ex. 2012
`Ex. 2015
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`
`Paper / Exhibit Number
`2001
`2002
`2005
`2006
`2003
`2004
`2007
`2008
`2009
`2011
`2013
`2014
`2018
`2020
`2010
`2012
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`V
`
`
`
`-my
`
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`Va;-;..m:1m1z.‘\'«.a-s%1A.'."*u>:».~“'
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`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney~client or work product privileges. If you have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 5:19 PM
`Neu, Jake
`PO Preliminary Response IPR2016—0O947
`
`El
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR2016-00947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`Ex. 2001
`
`Ex. 2002
`
`Ex. 2005
`Ex. 2006
`Ex. 2003
`
`Ex. 2004
`
`Ex. 2007
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 201 1
`Ex. 2013
`Ex. 2014
`Ex. 2018
`Ex. 2020
`Ex. 2010
`Ex. 2012
`Ex. 2015
`
`1
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`EXHIBIT
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`EXHIBIT
`
`Paper / Exhibit Number
`2001
`
`2002
`
`2005
`2006
`2003
`
`2004
`
`2007
`
`2008
`
`2009
`
`201 1
`2013
`2014
`2018
`2020
`2010
`2012
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`
`..:=s.+..~.w&l-.m.m.~,-um
`
`-
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`7
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`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—client or work product privileges. If you have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 5:26 PM
`Neu, Jake
`PO Preliminary Response IPR2016~O0947
`
`El
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR20l 6-00947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`
`Ex. 2002
`
`Ex. 2005
`
`Ex. 2006
`
`Ex. 2003
`
`Ex. 2004
`
`Ex. 2007
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 2011
`
`Ex. 2013
`
`Ex. 2014
`
`Ex. 2018
`Ex. 2020
`
`Ex. 2010
`
`Ex. 2012
`
`Ex. 2015
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`Paper / Exhibit Number
`2001
`
`2002
`
`2005
`
`2006
`
`2003
`
`2004
`
`2007
`
`2008
`
`2009
`
`2011
`
`2013
`
`2014
`
`2018.
`2020
`
`2010
`
`2012
`
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—client or work product privileges. If you have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 5:29 PM
`Neu, Jake
`PO Preliminary Response IPR2016—0O947
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR2016-00947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`
`Ex. 2002
`
`Ex. 2005
`
`Ex. 2006
`
`Ex. 2003
`
`Ex. 2004
`
`Ex. 2007
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 201 1
`
`Ex. 2013
`
`Ex. 2014
`
`Ex. 2018
`
`Ex. 2020
`
`Ex. 2010
`
`Ex. 2012
`Ex. 2015
`
`Vireo Systems, Inc.
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`EXHIBIT
`
`Paper / Exhibit Number
`2001
`
`2002
`
`2005
`
`2006
`
`2003
`
`2004
`
`2007
`
`2008
`
`2009
`
`201 1
`
`2013
`
`2014
`
`2018
`
`2020
`
`2010
`
`2012
`2015
`
`L
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`
`mu mmmmmnN r ~
`~
`.3;-_~q.-yam
`
`
`
`,w,_,v
`
`- Am» i
`»wvaV.v.&m4
`
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney«clienl or work product privileges. If you have received this message in
`error, please notify the sender by replying to this e-mail and then delete it from your computer‘
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 5:38 PM
`Neu, Jake
`PO Preliminary Response IPR2016—OO947
`
`El
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Patent Owner Preliminary Response Courtesy Notice
`
`Please note the following filing:
`
`IPR2016-00947
`AIA Review Number:
`The patent owner has filed the preliminary response in the above AIA
`
`Filing Date:
`
`Document List
`Paper Name
`
`Ex. 2002
`
`Ex. 2005
`
`Ex. 2006
`
`Ex. 2003
`
`Ex. 2004
`
`Ex. 2007
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 2011
`
`Ex. 2013
`
`Ex. 2014
`
`Ex. 2018
`
`Ex. 2020
`
`Ex. 2010
`
`Ex. 2012
`
`Ex. 2015
`
`Vireo Systems, Inc.
`
`Not available
`
`Type
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`EXHIBIT
`
`Paper / Exhibit Number
`2001
`
`2002
`
`2005
`
`2006
`
`2003
`
`2004
`
`2007
`
`2008
`
`2009
`
`2011
`
`2013
`
`2014
`
`2018
`
`2020
`
`2010
`
`2012
`
`2015
`
`

`
`Preliminary Patent Preliminary
`Owner's Response Response
`
`7
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is computer-generated. Do not reply because this e-mail address is not monitored.
`
`
`
`Confidentiality Notice: This e—mail is from a law firm and may be protected by the attorney-client or work product privileges, If you have received this message in
`error, please notify the sender by replying to this e—mail and then delete it from your computer.
`
`

`
`Neu, Jake
`
`
`PTABE2E_System@uspto.gov
`Wednesday, August 03, 2016 5:46 PM
`Neu, Jake
`Document Upload IPR20l6—0O947
`
`El
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`PATENT TRIAL AND APPEAL BOARD
`
`Filing Courtesy Notice
`
`Please note the following filing:
`
`AIA Review Number:
`
`IPR20 l 6-00947
`
`Vireo Systems, Inc.
`
`Filing Date:
`Point of Contact:
`
`08/03/2016
`millerra@pepperlaw.com, Raymond Miller
`
`Document List
`
`flap“ / Exhlblt
`Prelimary Patent
`Owner's Response
`
`Document Type
`EXHIBIT
`
`Paper / Exhibit Number
`2021
`
`Questions regarding this receipt should be directed to the Patent Trial and Appeal Board at 571-272-7822.
`This e-mail is cornputer—generated. Do not reply because this e-mail address is not monitored.
`
`
`
`Confidentiality Notice: This e-mail is from a law firm and may be protected by the attorney—clieni or work product privileges. if you have received this message in
`error, please notify the sender by replying to this email and then delete it from your computer,
`
`

`
`EXHIBIT C
`
`

`
`Neu, Jake
`
`A
`
`Neu, Jake
`Wednesday, August 03, 2016 4:04 PM
`'ptabe2e_system@uspto.gov'
`PTAB E2E support
`Prelim Owner Response.pdf
`
`Attachments:
`
`I am trying to upload a preliminary response in IPR2016-00947 and am having trouble having the document saved in the
`system. I have already uploaded the exhibits. File to be uploaded is attached. Any assistance would be appreciated.
`
`Reg. No. 67,546
`
`
`
`[fad
`
`Jake Neu
`
`Associate, Registered Patent Attorney
`e: ]neu@bradley.com w: bradley.com
`
`V615.2524539 f: 615.252.4707
`
`Roundabout Plaza. 1600 Division Street, Suite 700
`Nashville, TN 37203
`Linkedln Facebook i Twitter l Instagram I Blogs I My Bio
`
`,,
`
`,, ,,
`
`,,
`
`,,
`
`,
`
`,
`
`,
`
`,,
`
`,
`
`,,
`
`,,
`
`,
`
`,
`
`,
`
`,
`
`,, ,,
`
`

`
`Neu, Jake
`
`Attachments:
`
`Neu, Jake
`Wednesday, August 03, 2016 4:44 PM
`'PTABE2EADMIN@uspto.gov'
`PTAB E2E System Issue
`Prelim Owner Response.pdf
`
`AIA Case Number — if available : lPR2016-00947
`
`PTAB E2E Question or Issue :
`
`I am trying to upload a preliminary response in lPR2016-00947 and am having trouble having the document saved in the
`system. I have already uploaded the exhibits. File to be uploaded is attached. Any assistance would be appreciated.
`
`Reg. No. 67,546
`
`

`
`EXHIBIT D
`
`

`
`Neu, Jake
`
`Neu, Jake <jneu@bradley.com>
`Wednesday, August 03, 2016 4:52 PM
`Neu, Jake
`Secure delivery of package: IPR20l6~0O947 — Preliminary Response
`
`Please find available through the link below Vireo System's Preliminary Patent Owner Response in lPR proceeding
`lPR2016-00945, and associated exhibits. If you have any issues retrieving the documents, please contact me or my
`assistant Brittany Bean (bbean@brad|ey.com)
`
`Sender : Neu,Jake
`:https://safeshare.bradley.com/bds/Login.do?id=A0511483196&p1=dejllzbsbgccfjeckhlgfgbekzo
`
`Sent To : John Hansberry, Elizabeth Kirby, mil|erra@pepperlaw.com, wadsworc@pepperlaw.com
`2 Sandusky, Amanda, bbean@bradley.com, Neu, Jake, Stephen Hall
`Expires : 8/17/16 4:46:00 PM CDT
`
`
`
`Confidentiality Notice: This e—mail is from a law firm and may be protected by the attorney—client or work product
`privileges. If you have received this message in error, please notify the sender by replying to this e—mail and then delete
`it from your computer.
`
`

`
`Neu, Jake
`
`Neu, Jake
`
`Wednesday, August 03, 2016 4:58 PM
`'Hansberry, John C.'; Miller, Raymond A.; Wadsworth, Curtis C.
`Morgan, Russ; Hall, Stephen; Kirby, Elizabeth B.; Sandusky, Amanda; Bean, Brittany
`RE: Service for IPR2016—OO945 / IPR2016—0O947
`
`Good afternoon counsel,
`
`You should have recently received an email completing service of Vireo’s preliminary patent owner response for
`lPR2016-00947. You have also likely received about 10 PTAB E2Enotifications in the last hour or so indicating that the
`Preliminary Response has been filed. in fact, it has not. While the exhibits are uploaded to the E2E system, it keeps
`generating an error stating "issue in saving the document” when I try to upload the preliminary response. I have
`contacted PTAB support but have received no response at this time.
`
`if the technical issue is not resolved soon, we plan to file a motion for non—electronic filing under 37 CFR 42.6(b)(2)
`explaining the situation and filing in paper. In the meantime, you may continue to receive E2E receipts as we continue
`trying to upload. I will let you know if and when it actually is accepted.
`
`Jake Neu
`
`
`
`Associate, Registered Patent Attorney
`e: ]neu@bradley.com w: bradley.com
`
`d: 615.252.4639 f: 615.252.4707
`
`Bradley Arant Boult Cummings LLP
`Roundabout Plaza, 1600 Division Street, Suite 700
`Nashville, TN 37203
`Linkedln Facebook I Twitter I instagram l Blogs ! My Bio

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