`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners,
`
`v.
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`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`_____________
`
`Case IPR2015-01362
`Patent 8,969,841
`_____________
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`
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`PATENT OWNER’S MOTION TO EXPUNGE
`AND REPLACE EXHIBIT 2066
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`I.
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`Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. §§ 42.6(d) and 42.7, Patent Owner Energetiq
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`Technology, Inc. (“Energetiq”) requests that the Board expunge Exhibit 2066 and
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`replace it with the attached Replacement Exhibit 2066.
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`Energetiq recently learned that Exhibit 2066, which it submitted with its
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`Patent Owner Response on March 1, 2016, is incomplete. Specifically, Exhibit
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`2066 was supposed to be a public presentation with 30 slides. However, Energetiq
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`inadvertently submitted only one slide from that presentation along with an
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`annotated version of that slide.
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`Patent Owner hereby seeks permission to substitute a complete Replacement
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`Exhibit 2066, submitted herewith, and requests that the prior copy of this exhibit
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`be expunged from the record. Counsel for the Petitioner does not oppose this
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`motion. On March 4, 2016, the Board approved Patent Owner’s request to file this
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`motion.
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`Patent Owner submits this motion promptly after learning of the basis for the
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`correction. Patent Owner further submits that granting this motion would cause no
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`undue prejudice and would increase the accuracy and completeness of the
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`evidentiary record before the Board.
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`2
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`II. Conclusion
`For the foregoing reasons, Energetiq respectfully requests that the Board
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`GRANT this Motion to Expunge and Replace Exhibit 2066.
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`Respectfully submitted,
`Proskauer Rose LLP
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`/s/ Joseph A. Capraro Jr.
`Joseph A. Capraro Jr.,
`Reg. No. 36,471
`Attorney for Patent Owner
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`Date: March 4, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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`3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 4th day of March, 2016 copies of this Motion to
`Expunge And Replace Exhibit 2066 and a copy of Replacement Exhibit 2066 are
`being served pursuant to 37 C.F.R. § 42.6 electronically (by consent of the parties)
`on the following email addresses for Petitioner:
`
`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
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`Respectfully submitted,
`Proskauer Rose LLP
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`
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`/s/ Gerald E. Worth
`Gerald E. Worth, Reg. No. 45, 238
`Attorney for Patent Owner
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`Date: March 4, 2016
`PROSKAUER ROSE LLP
`One International Place
`Boston, Massachusetts 02110
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`1
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