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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`THE BOEING COMPANY
`Petitioner
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`v.
`
`SEYMOUR LEVINE
`Patent Owner
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`
`
`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
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`PETITIONER'S MOTION TO EXPUNGE
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`
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`03007-0014/92064285.1
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`
`
`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
`
`Petitioner, The Boeing Company, moves to expunge originally filed Exhibits
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`1044 and 1045 (Docket Nos. 80 and 81) filed on July 5, 2016, and to file substitute
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`Exhibits 1044 and 1045.
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`Originally filed Exhibits 1044 and 1045 were filed in error. As filed, both
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`documents were inadvertently mislabeled “Exhibit 1043” in the footer on each
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`page. The mistake was discovered the same day as the original exhibits were filed.
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`Correctly labeled substitute exhibits were provided to Petitioner’s counsel the same
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`day.
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`The guidance provided in question A9 in the Frequently Asked Questions
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`section of the Board’s e-filing and case management website states that, if the
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`wrong document is submitted through the e-filing interface, the filing party
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`“should file the correct document and a motion to expunge the wrong document as
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`soon as possible. Any motion to expunge filed on the same day as the wrong
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`document will generally be granted.”
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`Good cause exists to grant this motion. Petitioner has filed the motion as
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`soon as possible and on the same day as the erroneous filing, as the Frequently
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`Asked Questions website instructs. Correction of the labels on Exhibits 1044 and
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`1045 will avoid any confusion created by the mislabeling. Substituting the
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`correctly labeled exhibits for the incorrectly labeled exhibits would also avoid the
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`need to re-file the paper that cites Exhibits 1044 and 1045.
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`03007-0014/92064285.1
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`1
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`Patent Owner has indicated that he does not oppose Petitioner’s motion to
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`Case No. IPR2015-01341
`U.S. Patent No. RE39,618
`
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`expunge originally filed Exhibits 1044 and 1045 and substitute correctly labeled
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`Exhibits 1044 and 1045.
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`Accordingly, Petitioner respectfully requests that this motion be granted.
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`Respectfully submitted,
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`
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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
`
`Attorneys for The Boeing Company
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`
`
`Dated: July 5, 2016
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`
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`
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`03007-0014/92064285.1
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`2
`
`
`
`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 foregoing MOTION TO
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`EXPUNGE and corrected Exhibits 1044-1045 was served in its entirety on July 5
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`2016, upon the following counsel for Patent Owner via e-mail, pursuant to the
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`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
`
`
`
`
`
` /Ryan J. McBrayer/
`Ryan J. McBrayer (Reg. No. 54,299)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101
`
`Attorneys for The Boeing Company
`
`
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`3
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`
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`Dated: July 5, 2016
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`
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`03007-0014/92064285.1
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