UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`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 NOTICE OF
`THIRD 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 provides Notice to the Board that the objections made on the
`
`record herewith to Patent Owner Progressive Casualty Insurance Co.’s (“Patent
`
`Owner”) new Exhibit 2018 were served to Patent Owner pursuant to 37 C.F.R. §
`
`42.64.
`
`
`
`
`
`
`______________
`
`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 NOTICE OF
`THIRD 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 provides Notice to the Board that the objections made on the
`
`record herewith to Patent Owner Progressive Casualty Insurance Co.’s (“Patent
`
`Owner”) new Exhibit 2018 were served to Patent Owner pursuant to 37 C.F.R. §
`
`42.64.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`ROPES & GRAY LLP
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`
`
`
`
`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.
`
`October 8, 2013
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`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 THIRD 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 2018, and any reference
`
`to/reliance on the foregoing in connection with Patent Owner’s Response Pursuant
`
`To 37 C.F.R. § 42.220 (“Response” or “Resp.”) or otherwise. As required by 37
`
`C.F.R § 42.62, Petitioner’s objections below apply the Federal Rules of Evidence
`
`(“F.R.E.”).
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`I.
`
`Objections to Exhibit 2018
`
`Petitioner objects to Exhibit 2018 and particularly to Progressive’s attempt to
`
`introduce this additional evidence, in the form of Exhibit 2018, at this stage in the
`
`proceeding on October 4, 2013, days before oral hearing, as untimely in violation of
`
`the Board’s Rules governing this proceeding. See 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; F.R.E 403 (“undue delay”).
`
`Progressive had ample opportunity to submit this evidence with Mr. Miller’s
`
`declaration filed with its Response, the first document in which it was purportedly
`
`cited in this proceeding, or in response to Petitioner’s First and Second Set of
`
`Objections pointing out Progressive’s failure to submit this evidence. 37 C.F.R. §§
`
`42.64(b)(2), 42.223. Petitioner pointed out this very issue in its previous objections
`
`(e.g., MX1045 § IV, MX1046 § II), the last of which was served on July 3, 2013. Thus,
`
`Progressive had notice of the defect and 10 business days to submit supplemental
`
`evidence to cure. 37 C.F.R. §§ 42.64(b)(2). Instead, Progressive chose not to
`
`produce the evidence as permitted by the Rules; it cannot belatedly change its mind
`
`and submit the evidence in violation of the Rules, three months later and days before
`
`the oral hearing in this trial.
`
`
`
`
`
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`
`
`
`
`
`
`
`
`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.
`
`October 8, 2013
`
`
`
`
`
`
`
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`CERTIFICATE OF SERVICE
`
`It
`
`is certified
`
`that a copy of PETITIONER LIBERTY MUTUAL
`
`
`
`
`
`
`INSURANCE CO.’S NOTICE OF THIRD SET OF OBJECTIONS TO PATENT
`
`OWNER PROGRESSIVE CASAULTY INSURANCE CO.’S EXHIBITS and
`
`PETITIONER LIBERTY MUTUAL INSURANCE CO.’S THIRD SET OF
`
`OBJECTIONS TO PATENT OWNER PROGRESSIVE CASAULTY
`
`INSURANCE CO.’S EXHIBITS have been served in their entirety on the Patent
`
`Owner as provided in 37 CFR § 42.6.
`
`The copy has been served on October 8, 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
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