`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`RAYMARINE, INC., Petitioner
`
`v.
`
`NAVICO HOLDING AS
`(previously NAVICO, INC., changed by assignment on 6/28/13)
`Patent Owner
`___________________
`
`Case IPR2013-00355
`Patent 8,305,840
`Title: DOWNSCAN IMAGING SONAR
`
`__________________________________________________________________
`
`PETITIONER’S NOTICE OF SUPPLEMENTAL EVIDENCE
`
`
`
`PETITIONER’S NOTICE OF SUPPLEMENTAL EVIDENCE
`
`Petitioner Raymarine, Inc. hereby submits two letters from Daniel P. Tighe,
`
`Attorney for Mr. Martin Klein, to Mr. Kirk T. Bradley of Alston & Bird LLP dated
`
`November 7, 2013 and November 26, 2013 (“Klein Letters,” Exhibits RAY-1011
`
`and RAY-1012).
`
`On December 27, 2013, Patent Owner Navico Holding AS filed Patent
`
`Owner’s Objection to Evidence Under 37 C.F.R. §42.64(B)(1) (“Objection”). The
`
`Patent Owner objects to Petitioner’s use of Mr. Martin Klein as an expert witness
`
`and the Declaration of Martin Klein (RAY-1009) in its entirety. The basis for the
`
`Objection is that Mr. Klein previously served as an expert witness on behalf of
`
`Patent Owner in another matter and, allegedly, had knowledge of and access to
`
`Patent Owner’s confidential information that is also relevant to the current
`
`proceeding. Objection is also made to Paul Stokes and the Declaration of Paul
`
`Stokes (RAY-1010) in light of the similarity between the two declarations.
`
`The Klein Letters expressly refute any improper use of Patent Owner’s
`
`confidential information and state:
`
` “Mr. Klein does not have any Navico confidential information and has not
`
`had any since February 2012 (at the latest).” (RAY-1011)
`
` “Mr. Klein has never disclosed whatever Navico information he once had.”
`
`(RAY-1011)
`
`1
`
`
`
` “[D]uring the Engagement, Mr. Klein did not come into possession of
`
`Navico information relevant to his current work for Raymarine.” (RAY-
`
`1011)
`
` “Mr. Klein is happy to confirm that he has not used or disclosed any
`
`confidential information he received from Navico, and that he will not do
`
`so.” (RAY-1012)
`
`
`
`“Mr. Klein’s engagement for Raymarine does not ‘involve or pertain to
`
`confidential information of Navico.’” Rather, “Mr. Klein’s engagement
`
`with Raymarine involves his knowledge of prior art and the written claims
`
`and specifications of publicly available patents, as read from the perspective
`
`of one skilled in the art.” (RAY-1012)
`
`This submission is authorized by 37 C.F.R. § 42.64(b)(2), which permits a
`
`party to submit supplemental evidence in response to an objection.
`
`A revised exhibit list is attached below.
`
`Dated:
`
`January 7, 2014
`
`Respectfully Submitted,
`
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 214/651-5533
`Facsimile: 214/200-0853
`R-353199
`
`/David L. McCombs/
`By:
`David L. McCombs
`Registration No. 32,271
`Counsel for Petitioner
`
`2
`
`
`
`PETITIONER’S REVISED EXHIBIT LIST
`
`January 7, 2014
`
`RAY-1001
`
`U.S. Patent No. 8,305,840
`
`RAY-1002
`
`Prosecution History of U.S. Patent No. 8,305,840
`
`RAY-1003
`
`de Jong, C.D. et al., Hydrography, (1st ed. 2002)
`
`RAY-1004
`
`U.S. Patent No. 7,961,552 to Boucher et al.
`
`RAY-1005
`
`U.S. Patent No. 3,144,631 to Lustig et al.
`
`RAY-1006
`
`U.S. Patent No. 5,184,330 to Adams et al.
`
`RAY-1007
`
`English Translation and Original Language Japanese
`
`Utility Model No. 54-54365 to Sato
`
`RAY-1008
`
`U.S. Patent No. 6,904,798 to Boucher et al.
`
`RAY-1009
`
`Declaration of Martin Klein
`
`RAY-1010
`
`RAY-1011
`
`RAY-1012
`
`Declaration of Paul Stokes
`
`Letter from Daniel P. Tighe, Attorney for Mr. Martin
`Klein, to Mr. Kirk T. Bradley of Alston & Bird LLP
`dated November 7, 2013
`
`Letter from Daniel P. Tighe, Attorney for Mr. Martin
`Klein, to Mr. Kirk T. Bradley of Alston & Bird LLP
`dated November 26, 2013
`
`3
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`RAYMARINE, INC.
`Petitioner
`v.
`NAVICO HOLDING AS
`(previously NAVICO, INC., changed by assignment on 6/28/13)
`Patent Owner
`___________________
`
`Case IPR2013-00355
`Patent 8,305,840
`Title: DOWNSCAN IMAGING SONAR
`_____________________
`
`CERTIFICATE OF SERVICE
`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that
`service was made on the Patent Owner as detailed below.
`Date of service January 7, 2014
`
`Manner of service Electronic Mail: (mike.mccoy@alston.com)
`
`Documents served Peititioner’s Notice Of Supplemental Evidence and
`Exhibits RAY-1011 and RAY-1012: Letters from Daniel P.
`Tighe, Attorney for Mr. Martin Klein, to Mr. Kirk T. Bradley
`of Alston & Bird LLP dated November 7, 2013 and
`November 26, 2013
`
`Persons served Michael D. McCoy
`Alston & Bird LLP
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`Tel: (704) 444-1011, Fax: (704) 444-1111
`
`/David. L. McCombs/
`David L. McCombs
`Registration No. 32,271
`4
`
`
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