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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
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`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
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`v.
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`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`______________
`
`Case CBM2013-00009
`Patent 8,140,358
`______________
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`Before the Honorable JAMESON LEE, JONI Y. CHANG, and MICHAEL R.
`ZECHER, Administrative Patent Judges.
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`PETITIONER LIBERTY MUTUAL INSURANCE CO.’S SECOND SET OF
`OBJECTIONS TO PATENT OWNER PROGRESSIVE CASAULTY
`INSURANCE CO.’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting in
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`
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`a representative capacity for Petitioner, Liberty Mutual Insurance Company
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`(“Petitioner”), hereby submits the following objections to Patent Owner Progressive
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`Casualty Insurance Co.’s (“Patent Owner”) new Exhibit 2026, and any reference
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`to/reliance on the foregoing in Patent Owner’s Response Pursuant To 37 C.F.R. §
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`42.220 (“Response” or “Resp.”). As required by 37 C.F.R § 42.62, Petitioner’s
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`objections below apply the Federal Rules of Evidence (“F.R.E.”).
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`Liberty Mutual Exhibit 1046
`Liberty Mutual v. Progressive
`CBM2013-00009
`Page 00001
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`I.
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`All Previous Objections to Exhibits Maintained
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`Petitioner maintains all previous objections stated in Liberty Mutual Insurance
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`Co.’s First Set of Objections to Patent Owner Progressive Casualty Insurance Co.’s
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`Exhibits, as Patent Owner’s Supplemental Declaration of Michael J. Miller (Exhibit
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`2026) does not cure those objections.
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`II. Objections to Citations to and/or Reliance on Exhibits in Another CBM
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`Proceeding
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`Petitioner objects to Progressive’s purported reference to (in Exhibit 2026) and
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`any reliance on Exhibit 2012 from CBM2012-00002 as an exhibit not of record in this
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`CBM2013-00009 proceeding and not properly numbered or submitted in this CBM
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`proceeding, pursuant to 37 C.F.R. §§ 42.6(c), 42.51(b)(1), 42.63, and 42.64(b)(2). See
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`also 37 C.F.R. § 42.223.
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`Furthermore, Petitioner maintains, and specifically incorporates by reference,
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`all previous objections to Exhibit 2012 from CBM2012-00002, which Progressive
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`now purports (in Exhibit 2026) to be the same “Risk Classification Statement of
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`Principles” referenced in paragraph 17 of Exhibit 2013 in this CBM2013-00009
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`proceeding, as previously set forth in Liberty Mutual Insurance Co.’s First Set of
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`Objections to Patent Owner Progressive Casualty Insurance Co.’s Exhibits for
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`Page 00002
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`CBM2012-00002, and Liberty Mutual Insurance Co.’s Second Set of Objections to
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`Patent Owner Progressive Casualty Insurance Co.’s Exhibits for CBM2012-00002.1
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`July 3, 2013
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`Respectfully submitted,
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`ROPES & GRAY LLP
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`
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`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
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`Attorneys for Petitioner Liberty Mutual Insurance Co.
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`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 CBM2013-00009 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.
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`Page 00003
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`CERTIFICATE OF SERVICE
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`It
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`is certified
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`that a copy of PETITIONER LIBERTY MUTUAL
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`INSURANCE CO.’S SECOND SET OF OBJECTIONS TO PATENT OWNER
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`PROGRESSIVE CASAULTY INSURANCE CO.’S EXHIBITS has been served in
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`its entirety on the Patent Owner as provided in 37 CFR § 42.6.
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`The copy has been served on July 3, 2013 by causing the aforementioned
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`document to be electronically mailed to:
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`Calvin P. Griffith, at: cpgriffith@jonesday.com
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`James L. Wamsley, III at: jlwamsleyiii@jonesday.com
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`John V. Biernacki at: jvbiernacki@jonesday.com
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`pursuant to the Petitioner and Patent Owner’s agreement.
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`/Jordan M. Rossen/
`Jordan M. Rossen
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`ROPES & GRAY LLP
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`Page 00004
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