`Patent No. 8,166,739
`
`Filed on behalf of Oxbo International Corporation
`
`By: Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel:
`(612) 371-5383
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`H&S MANUFACTURING COMPANY, INC.
`
`Petitioner,
`
`v.
`
`OXBO INTERNATIONAL CORPORATION
`
`Patent Owner.
`
`____________
`
`Case IPR2016-00950
`Patent 8,166,739
`____________
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`
`DEMONSTRATIVES
`
`
`
`Case No. IPR2016-000950
`Patent No. 8,166,739
`
`
`
`Patent Owner, Oxbo International Corporation, hereby submits
`
`this
`
`disclosure of its remaining objections to demonstratives. Patent Owner represents
`
`that demonstratives were timely exchanged and that counsel conferred regarding
`
`these demonstratives on July 26-27, 2017. These objections represent Patent
`
`Owner’s remaining objections following discussion with counsel for Petitioner.
`
`1. Patent Owner objects to Petitioner’s Demonstrative Slide No. 5 because the
`
`title of the demonstrative incorrectly argues that Patent Owner argued
`
`against there being any claim construction issues, and as such, it is also a
`
`new argument not previously made in Petitioner’s Petition or Reply.
`
`2. Patent Owner objects to Petitioner’s Demonstrative Slide No. 8 because it
`
`improperly raises a new claim construction argument for the term “material”
`
`and is not responsive to Patent Owner’s Response.
`
`3. Patent Owner objects to Petitioner’s Demonstrative Slide No. 11 because it
`
`improperly takes Patent Owner’s expert witness’s statement out of context,
`
`as prohibited in IPR015-00780, Paper 48, p. 4.
`
`4. Patent Owner objects to Petitioner’s Demonstrative Slide No. 17 because it
`
`is a new argument alleging Patent Owner’s arguments rely on “bodily
`
`incorporation,” which was not made in the Petitioner’s Petition or Reply;
`
`Petitioner’s Reply merely quotes a legal statement from the Board’s
`
`preliminary decision, but makes no argument about it.
`
`1
`
`
`
`5. Patent Owner reserves further objections pursuant to its pending Motion to
`
`Case No. IPR2016-000950
`Patent No. 8,166,739
`
`Exclude.
`
`
`
`Respectfully submitted,
`
`MERCHANT & GOULD, P.C.
`
`
`/Andrew J. Lagatta/
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`OxboIPR@merchantgould.com
`
`ATTORNEYS FOR PATENT OWNER
`
`Date: July 27, 2017
`
`
`
`
`
`
`
`(Trial No. IPR2016-00950)
`
`2
`
`
`
`Case No. IPR2016-000950
`Patent No. 8,166,739
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that “PATENT OWNER’S OBJECTIONS
`TO PETITIONER’S DEMONSTRATIVES” for the above-captioned matter was
`served in its entirety on July 27, 2017, upon the following parties via e-mail:
`
`
`Brad D. Pederson (Reg. No. 32,432)
`Eric H. Chadwick (Reg. No. 42,664)
`PATTERSON THUENTE PEDERSEN, P.A.
`80 South Eighth Street, Suite 4800
`Minneapolis, MN 55402
`Phone: (612) 349-5740
`Facsimile: (612) 349-9266
`chadwick@ptslaw.com
`pedersen@ptslaw.com
`
`
`
`
`
`
`
`Date: July 27, 2017
`
`
`
`
`
`
`
`
`
`(IPR2016-00950)
`
`
`
`Respectfully submitted,
`MERCHANT & GOULD, P.C.
`
`/Andrew J. Lagatta/
`
`
`
`
`
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`
`
`ATTORNEYS FOR PATENT OWNER
`
`
`
`3
`
`
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