`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
`
`v.
`
`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`______________
`
`Case CBM2012-00003
`Patent 8,140,358
`______________
`
`Before the Honorable JAMESON LEE, JONI Y. CHANG, and MICHAEL R.
`ZECHER, Administrative Patent Judges.
`
`PETITIONER LIBERTY MUTUAL INSURANCE CO.’S SECOND SET OF
`OBJECTIONS TO PATENT OWNER PROGRESSIVE CASAULTY
`INSURANCE CO.’S EXHIBITS
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting in
`
`
`
`a representative capacity for Petitioner, Liberty Mutual Insurance Company
`
`(“Petitioner”), hereby submits the following objections to Patent Owner Progressive
`
`Casualty Insurance Co.’s (“Patent Owner”) new Exhibit 2013, and any reference
`
`to/reliance on the foregoing in Patent Owner’s Response Pursuant To 37 C.F.R. §
`
`42.220 (“Response” or “Resp.”). As required by 37 C.F.R § 42.62, Petitioner’s
`
`objections below apply the Federal Rules of Evidence (“F.R.E.”).
`
`
`
`
`
`Liberty Mutual Exhibit 1046
`Liberty Mutual v. Progressive
`CBM2012-00003
`Page 00001
`
`
`
`
`
`I.
`
`All Previous Objections to Exhibits Maintained
`
`Petitioner maintains all previous objections stated in Liberty Mutual Insurance
`
`Co.’s First Set of Objections to Patent Owner Progressive Casualty Insurance Co.’s
`
`Exhibits, as Patent Owner’s Supplemental Declaration of Michael J. Miller (Exhibit
`
`2013) does not cure those objections.
`
`II. Objections to Citations to and/or Reliance on Exhibits in Another CBM
`
`Proceeding
`
`Petitioner objects to Progressive’s purported reference to (in Exhibit 2013) and
`
`any reliance on Exhibit 2012 from CBM2012-00002 as an exhibit not of record in this
`
`CBM2012-00003 proceeding and not properly numbered or submitted in this CBM
`
`proceeding, pursuant to 37 C.F.R. §§ 42.6(c), 42.51(b)(1), 42.63, and 42.64(b)(2). See
`
`also 37 C.F.R. § 42.223.
`
`Furthermore, Petitioner maintains, and specifically incorporates by reference,
`
`all previous objections to Exhibit 2012 from CBM2012-00002, which Progressive
`
`now purports (in Exhibit 2013) to be the same “Risk Classification Statement of
`
`Principles” referenced in paragraph 15 of Exhibit 2005 in this CBM2012-00003
`
`proceeding, as previously set forth in Liberty Mutual Insurance Co.’s First Set of
`
`Objections to Patent Owner Progressive Casualty Insurance Co.’s Exhibits for
`
`
`
`Page 00002
`
`
`
`
`
`CBM2012-00002, and Liberty Mutual Insurance Co.’s Second Set of Objections to
`
`Patent Owner Progressive Casualty Insurance Co.’s Exhibits for CBM2012-00002.1
`
`Respectfully submitted,
`
`ROPES & GRAY LLP
`
`
`
`
`By /J. Steven Baughman/
`J. Steven Baughman, Lead Counsel
`Nicole M. Jantzi
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199-3600
`Steven.baughman@ropesgray.com
`Nicole.jantzi@ropesgray.com
`
`Attorneys for Petitioner Liberty Mutual Insurance Co.
`
`
`
`
`
`
`
`
`
`
`
`July 3, 2013
`
`
`
`
`
`
`Additionally, to the extent Progressive purports to rely in this CBM proceeding
`1
`on Exhibit 2020 from CBM2012-00002, which purports to authenticate Exhibit 2012
`therein, in an attempt to authentic the referenced “Risk Classification Statement of
`Principles” for this CBM2012-00003 proceeding, Petitioner objects to Progressive’s
`improper reference to and any purported reliance on a document not properly
`numbered or submitted in this CBM proceeding and also specifically incorporates by
`reference all previous objections to Exhibit 2020 from CBM2012-00002 as they relate
`to Exhibit 2012 therein, which were previously set forth in Liberty Mutual Insurance
`Co.’s Second Set of Objections to Patent Owner Progressive Casualty Insurance Co.’s
`Exhibits for CBM2012-00002.
`
`
`
`Page 00003
`
`
`
`CERTIFICATE OF SERVICE
`
`It
`
`is certified
`
`that a copy of PETITIONER LIBERTY MUTUAL
`
`
`
`
`
`INSURANCE CO.’S SECOND SET OF OBJECTIONS TO PATENT OWNER
`
`PROGRESSIVE CASAULTY INSURANCE CO.’S EXHIBITS has been served in
`
`its entirety on the Patent Owner as provided in 37 CFR § 42.6.
`
`The copy has been served on July 3, 2013 by causing the aforementioned
`
`document to be electronically mailed to:
`
`Calvin P. Griffith, at: cpgriffith@jonesday.com
`
`James L. Wamsley, III at: jlwamsleyiii@jonesday.com
`
`John V. Biernacki at: jvbiernacki@jonesday.com
`
`pursuant to the Petitioner and Patent Owner’s agreement.
`
`
`
`
`/Jordan M. Rossen/
`Jordan M. Rossen
`
`ROPES & GRAY LLP
`
`
`
`
`
`
`
`
`
`Page 00004
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