`________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SMASUNG ELECTRONICS CO., LTD.,
`Petitioner
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-00199
`Patent 8,118,221 B2
`
`PATENT OWNER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`
`Smartflash - Exhibit 2098
`Samsung et al. v. Smartflash
`CBM2014-00199
`
`
`
`Case CBM2014-00199
`Patent 8,118,221 B2
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owner hereby objects to the admissibility of certain
`
`evidence submitted with Petitioner’s petition (“the Petition”). Patent Owner’s objections are
`
`based on the Federal Rules of Evidence and the Board Rules and are set forth with particularity
`
`below.
`
`
`
`Exhibit 1003 (Declaration of Dr. Jeffrey Bloom re the ‘221 Patent)
`
`Patent Owner objects to all paragraphs in Exhibit 1003, Declaration of Dr. Jeffrey Bloom
`
`re the ‘221 Patent (“the Bloom Declaration”), under Fed. R. Evid. 401 to the extent that they are
`
`not directed to the issue of unpatentability of claims 2 and 11 under 35 U.S.C. 102 over Ginter --
`
`the only issue in the current proceedings. As such, for example, the relevance of the portion of
`
`paragraph 23 starting with “In more detail,” until the end is objected to. Fed. R. Evid. 401.
`
`Being irrelevant evidence, those paragraphs are not admissible. Fed. R. Evid. 402. Similarly,
`
`the relevance of the portion of paragraph 24 starting with “That the ‘221 Patent,” until the end is
`
`objected to. Fed. R. Evid. 401. Being irrelevant evidence, those paragraphs are not admissible.
`
`Fed. R. Evid. 402.
`
`
`
`
`
`
`
`2
`
`
`
`Case CBM2014-00199
`Patent 8,118,221 B2
`
`In addition, the Patent Owner objects to Exhibit 1003 under 37 CFR 42.65 in its entirety
`
`as it does not set forth the relative evidentiary weight (e.g., substantial evidence versus
`
`preponderance of the evidence) Dr. Bloom used in arriving at his conclusions.
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`
`Dated: April 13, 2015
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case CBM2014-00199
`Patent 8,118,221 B2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PATENT OWNER’S OBJECTIONS TO
`
`ADMISSIBILITY OF EVIDENCE in CBM2014-00199 was served April 13, 2015, by
`
`agreement of the parties, by emailing a copy to counsel for the Petitioner as follows:
`
`
`
`CBM39843-0007CP2@fr.com
`renner@fr.com, and
`rozylowicz@fr.com
`
` /
`
` Michael R. Casey /
`
`
`Michael R. Casey
`Registration No. 40,294
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: (571) 765-7705
`Fax: (571) 765-7200
`Email: mcasey@dbjg.com
`Attorney for Patent Owner
`
`
`
`
`
`4
`
`
`
`Dated: April 13, 2015
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