`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Parrot S.A. and Parrot, Inc.
`
`Petitioners,
`
`v.
`
`Drone Technologies, Inc.
`
`Patent Owner
`
`
`
`
`
`
`
`
`
`Case IPR2014-00732
`U.S. Patent No. 8,106,748
`
`
`
`
`
`
`
`
`
`
`
`
`Before HOWARD B. BLANKENSHIP, MATTHEW R. CLEMENTS, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`PETITIONER’S REPLY IN SUPPORT OF
`MOTION TO CORRECT EXHIBIT
`TO PETITION FOR INTER PARTES REVIEW
`PURSUANT TO 37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`Case IPR2014-00732
`Patent 8,106,748 B2
`
`
`PETITIONER’S REVISED EXHIBIT LIST
`
`Exhibit #
`
`Reference Name
`
`Ex. 1001
`
`U.S. Patent No. 8,106,748 (“the ’748 Patent”)
`
`Ex. 1002
`
`U.S. Patent No. 5,043,646 (“Smith”)
`
`Ex. 1003
`
`French Patent No. 9901683 to Potiron
`
`Ex. 1004
`
`Certified Translation of French Patent No. 9901683
`(“Potiron”)
`
`Ex. 1005
`
`U.S. Pat. Pub. No. 2006/10144994 A1 (“Spirov”)
`
`Ex. 1006
`
`EXHIBIT INTENTIONALLY LEFT BLANK
`
`Ex. 1007
`
`U.S. Pat. No. 7,219,861 (“Barr”)
`
`Ex. 1008
`
`U.S. Pat. No. 6,751,529 (“Fouche”)
`
`Ex. 1009
`
`U.S. Pat. No. 7,145,551 (“Bathiche”)
`
`Ex. 1010
`
`U.S. Pat. Pub. No. 2004/0263479 (“Shkolnikov”)
`
`Ex. 1011
`
`Expert Declaration of Prof. Raffaello D’Andrea with
`Attachments A-C
`
`Ex. 1011, Att. A U.S. Patent No. 613,809 to Tesla (“Tesla”)
`
`Ex. 1011, Att. B U.S. Patent No. 3,101,569 to Giardina (“Giardina”)
`
`Ex. 1011, Att. C U.S. Patent No. 8,072,417 (“Jouanet”)
`
`Ex. 1012
`
`Claim Chart Demonstrating Invalidity of the ’748 Patent
`
`Ex. 1013
`
`Declaration of Deborah A. Skolaski
`
`Ex. 1014
`
`Declaration of James E. Hopenfeld
`
`Ex. 1015
`
`Declaration of Prof. Raffaello D’Andrea
`
`
`
`i
`
`
`
`Case IPR2014-00732
`Patent 8,106,748 B2
`
`
`Petitioner files this Reply in support of Petitioner’s Motion under 37 C.F.R.
`
`§ 42.104(c) to correct a clerical error in Exhibit 1011 (Paper 14). This filing was
`
`authorized by the Board on February 2, 2015. Patent Owner’s opposition (Paper
`
`16) should be stricken and expunged as it exceeds the Board’s 3-page limit. Even
`
`if considered, Patent Owner’s arguments have no merit.
`
`The only issue here is whether Petitioner should be permitted to file a
`
`corrected Ex. 1011 that includes the correct signature page and inadvertently
`
`omitted “Appendix B.” For the reasons in Petitioner’s Motion, the correction
`
`should be authorized. Patent Owner does not establish otherwise.
`
`Petitioner’s filing establishes: 1) that Prof. D’Andrea did in fact sign his
`
`declaration, and sent copies of the signature page to counsel for filing; and, 2) that,
`
`due to clerical errors, the signature page from the co-pending IPR was attached to
`
`the declaration on filing instead of his signature for the declaration in this IPR and
`
`Prof. D’Andrea’s CV was omitted. There can be no dispute that the declaration is
`
`in fact Prof. D’Andrea’s declaration, as he so testified.
`
`Patent Owner’s arguments are neither relevant nor correct.
`
` The
`
`“inconsistencies” and “questions” raised by Patent Owner will not help the Board
`
`resolve this motion. Petitioner’s motion to correct Ex. 1011 should be granted.
`
`Dated: February 23, 2015
`
`Respectfully submitted,
`
`
`
`/James E. Hopenfeld/
`James E. Hopenfeld (Reg No. 47,661)
`
`1
`
`
`
`Case IPR2014-00732
`Patent 8,106,748 B2
`
`Hopenfeld@oshaliang.com
`Tammy J. Terry (Reg No. 69,167)
`Terry@oshaliang.com
`OSHA LIANG LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
`
`2
`
`
`
`Case IPR2014-00732
`Patent 8,106,748 B2
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. §§ 42.6 on the Patent
`
`Owner by email and U.S. Mail a copy of this Reply in Support of Petitioner’s
`
`Motion to Correct Exhibit to Petition for Inter Partes Review pursuant to 37
`
`C.F.R. § 42.104(c) as follows:
`
`Gene Tabachnick
`James Dilmore
`gtabachnick@beckthomas.com
`jdilmore@beckthomas.com
`docket@beckthomas.com
`BECK & THOMAS, P.C.
`1575 McFarland Road, Suite 100
`Pittsburgh, PA 15216-1808
`
`Respectfully submitted,
`
`Dated: February 23, 2015
`
`
`
`
`
`/Tammy J. Terry/
`Tammy J. Terry (Reg No. 69,167)
`Terry@oshaliang.com
`James E. Hopenfeld (Reg No. 47,661)
`Hopenfeld@oshaliang.com
`OSHA LIANG LLP
`909 Fannin Street, Suite 3500
`Houston, Texas 77010
`Tel: 713-228-8600/Fax: 713-228-8778
`Counsel for Petitioner
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