UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`FORD MOTOR COMPANY
`
`Petitioner
`
`v.
`
`ETHANOL BOOSTING SYSTEMS, LLC, and MASSACHUSETTS INSTITUTE
`
`OF TECHNOLOGY,
`
`Patent Owner
`
`____________
`
`
`
`Case: IPR2019-01400
`
`U.S. Patent No. 8,069,839
`
`____________
`
`
`
`NOTICE OF SUBMISSION OF PETITIONER FORD MOTOR
`
`COMPANY’S EXHIBIT NUMBERS 1040 AND 1041
`
`
`
`
`
`
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`FORD MOTOR COMPANY
`
`Petitioner
`
`v.
`
`ETHANOL BOOSTING SYSTEMS, LLC, and MASSACHUSETTS INSTITUTE
`
`OF TECHNOLOGY,
`
`Patent Owner
`
`____________
`
`
`
`Case: IPR2019-01400
`
`U.S. Patent No. 8,069,839
`
`____________
`
`
`
`NOTICE OF SUBMISSION OF PETITIONER FORD MOTOR
`
`COMPANY’S EXHIBIT NUMBERS 1040 AND 1041
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §42.6 and the Board’s Authorization of February 6,
`
`2020, Petitioner Ford Motor Company (“Ford”) files Exhibit 1040, which is the
`
`Transcript of the Markman Hearing in Ethanol Boosting Sys LLC v. Ford Motor
`
`Co., C.A. No. 19-cv-196-CFC (D. Del. Jan. 8, 2020), and Exhibit 1041, which is
`
`the Markman Order issued in Ethanol Boosting Sys LLC v. Ford Motor Co., D.I.
`
`140, C.A. No. 19-cv-196-CFC (D. Del. Jan. 28, 2020). In addition, pursuant to 37
`
`C.F.R. §42.63(e), Petitioner includes an updated Exhibit List on the following
`
`pages.
`
`
`
`
`
`1
`
`
`
`LIST OF EXHIBITS
`
`Exhibit
`
`Short Name
`
`Description
`
`Ex. 1001
`
`’839 Patent
`
`U.S. Patent No. 8,069,839
`
`Ex. 1002
`
`’839 File History File History of U.S. Patent No. 8,069,839
`
`Ex. 1003
`
`Clark
`Declaration
`
`Declaration of Dr. Nigel N. Clark under 37
`C.F.R. §1.68
`
`Ex. 1004
`
`Clark CV
`
`Curriculum Vitae of Dr. Nigel N. Clark
`
`Ex. 1005
`
`Kobayashi
`
`U.S. Patent No. 7,188,607
`
`Ex. 1006
`
`RESERVED
`
`RESERVED
`
`Ex. 1007
`
`Rubbert
`
`German Patent Application No.
`DE19853799
`
`Ex. 1008
`
`Kinjiro
`
`Japanese Patent Application Publication No.
`JP2002227697
`
`Ex. 1009
`
`RESERVED
`
`RESERVED
`
`Ex. 1010
`
`RESERVED
`
`RESERVED
`
`Ex. 1011
`
`RESERVED
`
`RESERVED
`
`Ex. 1012
`
`RESERVED
`
`RESERVED
`
`Ex. 1013
`
`RESERVED
`
`RESERVED
`
`Ex. 1014
`
`RESERVED
`
`RESERVED
`
`Ex. 1015
`
`RESERVED
`
`RESERVED
`
`Ex. 1016
`
`RESERVED
`
`RESERVED
`
`Ex. 1017
`
`RESERVED
`
`RESERVED
`
`Ex. 1018
`
`’572 File History File History of U.S. Patent No. 7,971,572
`
`
`
`2
`
`
`
`Exhibit
`
`Short Name
`
`Description
`
`Ex. 1019
`
`’233 File History File History of U.S. Patent No. 7,762,233
`
`Ex. 1020
`
`’004 File History File History of U.S. Patent No. 7,740,004
`
`Ex. 1021
`
`’033 File History File History of U.S. Patent No. 7,314,033
`
`Ex. 1022
`
`Complaint
`
`Ex. 1023
`
`Defendant’s
`Answer
`
`Ex. 1024
`
`Plaintiff’s
`Answer
`
`Ex. 1025
`
`Heywood
`
`Complaint for Patent Infringement, Ethanol
`Boosting Sys LLC v. Ford Motor Co., D.I. 1,
`C.A. No. 19-cv-196-CFC (D. Del. Jan. 30,
`2019)
`
`Defendant’s Answer, Defenses,
`Counterclaims and Jury Demand, Ethanol
`Boosting Sys LLC v. Ford Motor Co., D.I. 1,
`C.A. No. 19-cv-196-CFC (D. Del. March 25,
`2019)
`
`Answer to Defendant’s Counterclaims,
`Ethanol Boosting Sys LLC v. Ford Motor
`Co., D.I. 1, C.A. No. 19-cv-196-CFC (D.
`Del. April 15, 2019)
`
`John B. Heywood, Internal Combustion
`Engine Fundamentals (1988)
`
`Ex. 1026
`
`’735 File History File History of U.S. Patent No. 8,082,735
`
`Ex. 1027
`
`’157 File History File History of U.S. Patent Application No.
`11/758,157
`
`Ex. 1028
`
`Kreikemeier
`
`U.S. Patent No. 6,681,752
`
`Ex. 1029
`
`Takehiko
`
`Japanese Patent Application Publication No.
`JP63230920
`
`Ex. 1030
`
`’717 File History File History of U.S. Patent Application No.
`13/591,717
`
`Ex. 1031
`
`Bosch
`
`Bosch Automotive Handbook (3rd Ed.)
`
`
`
`3
`
`
`
`Exhibit
`
`Short Name
`
`Description
`
`Ex. 1032
`
`Stokes
`
`J. Stokes et al. “A gasoline engine concept
`for improved fuel economy—the lean-boost
`system,” SAE paper 2001-01-2902, 1-12
`
`Ex. 1033
`
`RESERVED
`
`RESERVED
`
`Ex. 1034
`
`Csere
`
`Csere, C. “A Smarter Way to use Ethanol to
`Reduce Gasoline Consumption,” (2007),
`https://www.caranddriver.com/features/a151
`47006/a-smarter-way-to-use-ethanol-to-
`reduce-gasoline-consumption/
`
`Ex. 1035
`
`RESERVED
`
`RESERVED
`
`Ex. 1036
`
`Infringement
`Contentions
`
`MIT’s/EBS’s Preliminary Infringement
`Chart (Ex. A – U.S. Patent No. 8,069,839),
`Ethanol Boosting Sys LLC v. Ford Motor
`Co., D.I. 35, C.A. No. 19-cv-196-CFC (D.
`Del. July 1, 2019)
`
`Ex. 1037
`
`Mullins
`Declaration
`
`Declaration of Dr. James L. Mullins under
`37 C.F.R. §1.68
`
`Ex. 1038
`
`Mullins CV
`
`Curriculum Vitae of Dr. James L. Mullins
`
`Ex. 1039
`
`RESERVED
`
`RESERVED
`
`Ex. 1040
`
`Ex. 1041
`
`Markman
`Hearing
`Transcript
`
`Transcript of the Markman Hearing, Ethanol
`Boosting Sys LLC v. Ford Motor Co., C.A.
`No. 19-cv-196-CFC (D. Del. Jan. 8, 2020)
`
`Claim
`Construction
`Order
`
`Markman Order, Ethanol Boosting Sys LLC
`v. Ford Motor Co., D.I. 140, C.A. No. 19-cv-
`196-CFC (D. Del. Jan. 28, 2020)
`
`
`
`
`
`
`
`
`4
`
`
`
`Dated: February 7, 2020
`
`
`
`
`Respectfully submitted,
`
`
`
` /Christopher TL Douglas/
`Christopher TL Douglas (Reg. No. 56,950)
`Michael S. Connor (Reg. No. 34,141)
`Lauren E. Burrow (Reg. No. 70,447)
`Brian D. Hill (Reg. No. 71,697)
`
`
`Attorneys for Petitioner
`Ford Motor Company
`
`
`
`5
`
`
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`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that, on
`
`February 7, 2020, a true copy of the foregoing and Exhibits 1040 and 1041 were
`
`served upon the following via email:
`
`
`Lawrence P. Cogswell III, Ph.D (Reg. No. 71,441)
`E-mail: lawrence.cogswell@hbsr.com
`
`Keith J. Wood (Reg. No. 45,235)
`Email: keith.wood@hbsr.com
`
`
` /Christopher TL Douglas/
`Christopher TL Douglas
`Reg. No. 56,950
`
`
`
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`
`6
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