DOCKET NO: 418599US
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`CARL ZEISS SMT GMBH
`Petitioner
`
`v.
`
`NIKON CORPORATION
`Patent Owner
`
`__________
`
`Case IPR2013-00362
`
`Patent 7,348,575
`
`__________
`
`
`PATENT OWNER’S OBJECTION TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`These objections are made pursuant to 37 C.F.R. § 42.64 within 5 business
`
`days from the May 28, 2014 service date of Petitioner’s Reply to Patent Owner’s
`
`Response.
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 1
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`CARL ZEISS SMT GMBH
`Petitioner
`
`v.
`
`NIKON CORPORATION
`Patent Owner
`
`__________
`
`Case IPR2013-00362
`
`Patent 7,348,575
`
`__________
`
`
`PATENT OWNER’S OBJECTION TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`These objections are made pursuant to 37 C.F.R. § 42.64 within 5 business
`
`days from the May 28, 2014 service date of Petitioner’s Reply to Patent Owner’s
`
`Response.
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 1
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`The Patent Owner objects to the admissibility of Exhibits 1036 and 1038
`
`through 1049 included in Petitioner’s Reply to Patent Owner’s Response as noted
`
`below.
`
`1.
`
`Exhibit 1036
`
`Patent Owner objects to Exhibit 1036 (May 25, 2014 Declaration of Mr.
`
`Richard Juergens) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it relies on
`
`computer software that was not available at the time of the patented invention.
`
`b.
`
`Exhibit 1036 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software purportedly used by Mr. Juergens lacks a
`
`proper foundation as to its authenticity and source.
`
`d.
`
`The testing and the test results reflected in Exhibit 1036 are not
`
`reliable, and experts would not reasonably rely upon such testing and test results to
`
`form an opinion on the issue of obviousness or enablement.
`
`2.
`
`Exhibit 1038
`
`Patent Owner objects to Exhibit 1038 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`
`
`2
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 2
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1038 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1038 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1038 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`3.
`
`Exhibit 1039
`
`The Patent Owner objects to Exhibit 1039 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1039 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1039 lacks a proper
`
`foundation as to its authenticity and source.
`
`
`
`3
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 3
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`d.
`
`The data reflected in Exhibit 1039 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`4.
`
`Exhibit 1040
`
`The Patent Owner objects to Exhibit 1040 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1040 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1040 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1040 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`
`
`4
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 4
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`
`5.
`
`Exhibit 1041
`
`The Patent Owner objects to Exhibit 1041 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1041 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1041 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1041 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`6.
`
`Exhibit 1042
`
`The Patent Owner objects to Exhibit 1042 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`
`
`5
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 5
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`b.
`
`Exhibit 1042 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1042 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1042 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`7.
`
`Exhibit 1043
`
`The Patent Owner objects to Exhibit 1043 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1043 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1043 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1043 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`
`
`6
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 6
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`8.
`
`Exhibit 1044
`
`The Patent Owner objects to Exhibit 1044 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1044 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1044 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1044 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`9.
`
`Exhibit 1045
`
`The Patent Owner objects to Exhibit 1045 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`
`
`7
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 7
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`b.
`
`Exhibit 1045 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1045 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1045 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`10. Exhibit 1046
`
`The Patent Owner objects to Exhibit 1046 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1046 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1046 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1046 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`
`
`8
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 8
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`11. Exhibit 1047
`
`The Patent Owner objects to Exhibit 1047 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1047 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1047 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1047 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`12. Exhibit 1048
`
`The Patent Owner objects to Exhibit 1048 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`
`
`9
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 9
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`b.
`
`Exhibit 1048 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1048 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1048 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`13. Exhibit 1049
`
`The Patent Owner objects to Exhibit 1049 (Code V Sequence cited in ZEISS
`
`1036) on the following grounds:
`
`a.
`
`The evidence is not relevant because, among other things, it was
`
`generated with computer software that was not available at the time of the patented
`
`invention.
`
`b.
`
`Exhibit 1049 consists of statements that are hearsay and are based on
`
`hearsay.
`
`c.
`
`The computer software used to generate Exhibit 1049 lacks a proper
`
`foundation as to its authenticity and source.
`
`d.
`
`The data reflected in Exhibit 1049 are not reliable, and experts would
`
`not reasonably rely upon such data to form an opinion on the issue of obviousness
`
`or enablement.
`
`
`
`10
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 10
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
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`Nikon Corporation,
`Patent Owner
`
`
`
`
`
`
`By: /Robert C. Mattson/
`Robert C. Mattson
`Registration No. 42,850
`OBLON, SPIVAK, McCLELLAND,
`MAIER &, NEUSTADT, L.L.P.
`
`11
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 11
`
`
`
`Case IPR2013-00362
`Patent Owner’s Objections to Evidence
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
` The undersigned certifies that a copy of the foregoing PATENT OWNER’S
`
`OBJECTIONS TO EVIDENCE was served via email
`
`(IPR24984-0056IP1@fr.com) on June 4, 2014 in its entirety, to the following:
`
`Marc M. Wefers
`Chris C. Bowley
`Lawrence K. Kolodney
`Kurt L. Glitzenstein
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth St.
`Minneapolis, MN 55402
`
`
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`/Robert C. Mattson/
`Robert C. Mattson (Reg. No. 42,850)
`Attorney for Patent Owner
`Nikon Corporation
`
`
`
`
`Date: June 4, 2014
`
`
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`12
`
`IPR2013-00362, Carl Zeiss v Nikon
`Nikon Exhibit 2041, pg. 12
`
`
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