`U.S. Patent No. 5,732,375
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
`Petitioner,
`v.
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`Signal IP, Inc.,
`Patent Owner.
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`Case No. IPR 2016-00291
`Patent No. 5,732,375
`__________________________________________________________________
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`UNOPPOSED MOTION TO CORRECT EXHIBIT 1009
`(DECLARATION OF SCOTT ANDREWS)
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`1
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`Petitioner Toyota Motor Corporation (“TMC”) respectfully moves pursuant
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`to 37 C.F.R. § 42.104(c) for permission to file a corrected Exhibit 1009 to correct
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`certain inadvertent clerical errors in the exhibit as filed.
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`Exhibit 1009 was intended to be the Declaration of Scott Andrews, which
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`Mr. Andrews executed in support of TMC’s Petition for Inter Partes Review of
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`U.S. Patent No. 5,732,375 (Paper 2). However, to comply with the pagination
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`requirements for exhibits set forth in 37 C.F.R. § 42.63, TMC’s counsel
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`repaginated Mr. Andrews’ executed declaration and in that process inadvertently
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`deleted four patent figures which had been included in the declaration when
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`executed. As a result, Exhibit 1009 as filed does not include those four patent
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`figures. In particular, the four patent figures inadvertently deleted are:
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`a) Figure 3 of U.S. Patent No. 5,732,375, which was cited, discussed and
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`reproduced in paragraph 22 on pages 8–9 of Mr. Andrews’ declaration;
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`b) Figure 8 of U.S. Patent No. 5,732,375, which was cited, discussed and
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`reproduced in paragraph 24 on page 10 of Mr. Andrews’ declaration;
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`c) Figure 6 of U.S. Patent No. 5,732,375, which was cited, discussed and
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`reproduced in paragraph 32 on page 14 of Mr. Andrews’ declaration; and
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`d) Figure 2 of U.S. Patent No. 5,474,327, which was cited, discussed and
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`reproduced in paragraph 41 on page 18 of Mr. Andrews’ declaration.
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`The above four figures that were inadvertently deleted from Exhibit 1009 appear in
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`the copies of U.S. Patent Nos. 5,732,375 and 5,474,327 that were filed as Exhibits
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`1001 and 1002 with the petition.
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`In sum, as explained above, the inadvertent omission of these four patent
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`figures in Exhibit 1009 arose due to an inadvertent clerical mistake that occurred in
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`complying with the formatting requirements, and the missing figures appear in
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`Exhibits 1001 and 1002. Therefore, TMC respectfully moves for permission to file
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`a corrected version of Exhibit 1009 that includes the four omitted figures but is
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`otherwise identical to the Exhibit 1009 as originally filed with the petition. TMC
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`has attached the proposed Corrected Exhibit 1009 to this motion.
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`Counsel for TMC contacted counsel for patent owner Signal IP, Inc.
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`(“Signal”), who indicated that Signal does not oppose this motion. The Board
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`authorized the filing of this motion by email on May 16, 2016.
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`Respectfully submitted,
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`Dated: May 17, 2016
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` /John Flock/
`John Flock (Reg. No. 39,670)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`Counsel for Petitioner Toyota
`Motor Corporation
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`Case No. IPR2016-00291
`U.S. Patent No. 5,732,375
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing UNOPPOSED
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`MOTION TO CORRECT EXHIBIT 1009 (DECLARATION OF SCOTT
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`ANDREWS) was served via e-mail on May 17, 2016, in its entirety, on the
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` /John Flock/
`John Flock (Reg. No. 39,670)
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: 212.425.7200
`Email: jflock@kenyon.com
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`Counsel for Petitioner Toyota
`Motor Corporation
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`following:
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`Tarek N. Fahmi (Reg. No. 41,402)
`Holly J. Atkinson (Reg. No. 69,934)
`Jason A. LaBerteaux (Reg. No. 65,724)
`Ascenda Law Group, PC
`333 W San Carlos St., Suite 200
`San Jose, CA 95110
`Tel: 866-877-4883
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
`patents@ascendalaw.com
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`5
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