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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`THE BOEING COMPANY
`Petitioner
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`v.
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`SEYMOUR LEVINE
`Patent Owner
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`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
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`Petitioner’s Objections to Patent Owner’s Evidence
`Under 37 C.F.R. § 42.64(b)(1)
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`03007-0014/92061424.1
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner The Boeing Company
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`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
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`submits the following objections to Exhibit No. 2013, which was served by Patent
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`Owner Seymour Levine after the cross examination of Mr. Levine was completed
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`on May 19, 2016, during Mr. Levine’s redirect examination by his own counsel.
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`Boeing does not believe that Exhibit No. 2013 is properly in the record before the
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`Board and serves these objections only out of an excess of caution. These
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`objections are timely because they have been served within five business days of
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`the cross examination of Mr. Levine. See 37 C.F.R. § 42.64(b)(1).
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`Objections
`FRE 402, FRE 801, untimely production. Document was
`only produced after cross- examination of witness was
`completed. See 37 CFR 42.53(d)(2) (“Cross-examination
`should ordinarily take place after any supplemental
`evidence relating to the direct testimony has been filed”).
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`Respectfully submitted,
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` /Ryan J. McBrayer/
`Ryan J. McBrayer (Reg. No. 54,299)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
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`Attorneys for The Boeing Company
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`Exhibit
`2013
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`Dated: May 25, 2016
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`03007-0014/92061424.1
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`1
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`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
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`Certificate of Service
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`The undersigned hereby certifies that the above-captioned Petitioner’s
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`Objections to Patent Owner’s Evidence Under 37 C.F.R. § 42.64(b)(1) was served
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`in its entirety on May 25, 2016, upon the following counsel for Patent Owner via e-
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`mail, pursuant to the parties’ agreement concerning service:
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`Bruce R. Zisser
`Amar L. Thakur
`Quinn Emanuel Urquhart & Sullivan, LLP
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017
`brucezisser@quinnemanuel.com
`amarthakur@quinnemanuel.com
`Attorneys for Patent Owner Seymour Levine
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` /Ryan J. McBrayer/
`Ryan J. McBrayer (Reg. No. 54,299)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
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`Attorneys for The Boeing Company
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`2
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`Dated: May 25, 2016
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`03007-0014/92061424.1