` Date Filed: October 28, 2013
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`Filed on behalf of Intellectual Ventures
`By: George E. Quillin
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`Paul S. Hunter
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`FOLEY & LARDNER LLP
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`3000 K Street, N.W., Suite 600
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`Washington, D.C. 20007
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`Tel: (202) 672-5300
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`Fax: (202) 672-5399
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`gquillin@foley.com
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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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`XILINX, INC.
` Petitioner
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`v.
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`INTELLECTUAL VENTURES I LLC
`Patent Owner
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`Case IPR2013-00112
`Patent 5,779,334
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`PATENT OWNER’S SECOND OBJECTION TO EVIDENCE
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`4824-6231-0166.1
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`IPR2013-00112
`Patent Owner’s Second Objection to Evidence
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`PATENT OWNER’S SECOND OBJECTION TO EVIDENCE
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`In accordance with Bd. R. 42.64, patent owner objects to Exhibits 1011 and 1012, the
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`declarations of Dr. Buckman, because his testimony does not satisfy Fed. R. Evid. 702 relating to
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`expert witnesses or Fed. R. Evid. 701 relating to opinion testimony by lay witnesses. For
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`example, Dr. Buckman lacks expertise in the relevant field and his testimony does not measure
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`up to the standards set by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
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`and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and their progeny.
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`Dr. Buckman does not possess special skill, knowledge, or experience concerning the
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`particular issue before the Board. See, e.g., Shreve v. Sears, Roebuck & Co., 166 F. Supp.2d
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`378, 392 (D. Md. 2001) (“an expert who is a mechanical engineer is not necessarily qualified to
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`testify as an expert on any issue within the vast field of mechanical engineering.”). The Shreve
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`court excluded the testimony of a mechanical engineering expert on the ground that he had no
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`professional experience relating to the devices which were at issue in that case. See also Oglesby
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`v. General Motors Corp., 190 F.3d 244 (4th Cir. 1999) (testimony by mechanical engineer
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`excluded because the engineer lacked specialized knowledge about the subject of his testimony).
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`Dr. Buckman has no special skill, knowledge, or experience regarding the video projector
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`systems that are at issue in this proceeding. He has not designed any such systems, he has not
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`published about such systems, and he has not consulted for manufacturers of such systems. He
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`belongs to no professional society focused on video projector technology. Prior to this
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`proceeding and the related IPR2013-00029 concerning the parent of U.S. Patent No. 5,779,334,
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`Dr. Buckman had never testified about video projector systems or such systems using liquid
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`crystal materials.
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`4824-6231-0166.1
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`1
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`IPR2013-00112
`Patent Owner’s Second Objection to Evidence
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`Exhibits 1011 and 1012 were served on Monday, October 21, 2013. This objection is
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`being timely served within five business days of the service of those exhibits.
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`Respectfully submitted,
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`/George E. Quillin/
`George E. Quillin
`Registration No. 32,792
`Counsel for Patent Owner
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`Foley & Lardner LLP
`3000 K Street, N.W.
`Suite 600
`Washington, D.C. 20007
`202-672-5300 (Phone)
`202-672-53299 (Fax)
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`4824-6231-0166.1
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT OWNER’S
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`SECOND OBJECTION TO EVIDENCE is being served on counsel of record on October 28,
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`2013, by filing this document through the Patent Review Processing System as well as delivering
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`a copy via commercial overnight courier directed to the counsel of record for the Petitioner at the
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`David L. McCombs, Esq.
`Haynes and Boone, LLP
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
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`Respectfully submitted,
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`/George E. Quillin/
`George E. Quillin
`Registration No. 32,792
`Counsel for Patent Owner
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`following address:
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`Dated: October 28, 2013
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`4824-6231-0166.1