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`
`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 No.: IPR2016-00950
`U.S. Patent No. 8,166,739
`
`______________
`
`PETITIONER’S SUBMISSION OF DEMONSTRATIVES
`AND
`OBJECTIONS TO PATENT OWNER’S DEMONSTRATIVES
`
`
`
`
`
`
`
`
`

`

`Petitioner Demonstratives and Exhibits
`
`As set forth in the Order dated June 30, 2017, (Paper 37), Petitioner hereby
`
`submits Petitioner’s Demonstrative as Ex.1032.
`
`Petitioner also submits as Ex.1033 a copy of the Federal Circuit Howmedica
`
`case cited in Petitioner’s Reply pursuant to Rule 42.13(d) that is quoted in the
`
`Reply and referenced in the Petitioner’s Demonstratives.
`
`Petitioner’s Objections to Patent Owner Demonstratives
`
`As indicated in the Order, the parties have met and conferred on their
`
`respective Demonstratives. Petitioner has the following objections that remain
`
`unresolved between the parties:
`
`Slides 5, 14, 20, 21, and 43 – each slide contains a picture of the
`
`expert witness. None of these pictures are part of any exhibit or paper, nor
`
`were they ever introduced into the record in this proceeding.
`
`Slide 17 – the phrases “Preamble informs” and “Specification
`
`describes a specific function” in the first two bullets on this slide represent
`
`new arguments not raised in the Patent Owner Response, and neither is
`
`correct with respect to the relevant law of claim construction.
`
`
`
`
`
`
`
`2
`
`

`

`Petitioner has considered the approach suggested in the St. Jude Medical
`
`case cited in the Order regarding each side agreeing to expunge the Demonstrative
`
`Exhibits after the oral hearing, but Petitioner is not willing to agree to any such
`
`expungement of the record.
`
`
`
`Dated: July 27, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /Brad Pedersen/
`Brad D. Pedersen
`Reg. No. 32,432
`
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`3
`
`

`

`Certificate of Service
`
`I hereby certify that on July 27, 2017, a copy of PETITIONER’S
`SUBMISSION OF DEMONSTRATIVES AND OBJECTIONS TO PATENT
`OWNER’S DEMONSTRATIVES and PETITIONER’S EXHIBIT LIST,
`UPDATED JULY 27, 2017, together with EX.1032 and EX.1033 were
`electronically served on patent owner at the following addresses:
`alagatta@merchantgould.com
`jward@merchantgould.com
`sbrunner@merchantgould.com
`gsebald@merchantgould.com
`tjohnson@merchantgould.com
`OxboIPR@merchantgould.com
`
`
`
`
`
`Dated: July 27, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /Brad Pedersen/
`Brad D. Pedersen
`Reg. No. 32,432
`
`
`
`Attorney for Petitioner
`
`4
`
`

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