`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel: (612) 332-5300
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`CARDIOCOM, LLC
`Petitioner
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`v.
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`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`____________
`
`Case IPR2013-00468
`Patent 7,516,192
`____________
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`JOINT OBJECTIONS TO DEMONSTRATIVES
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`The parties hereby submit this joint disclosure of objections to
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`demonstratives. The parties met and conferred and could not reach agreement.
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`1) Petitioner objects to Patent Owner’s Demonstrative Nos. 3, 4, and 37 as
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`containing new legal arguments related to the never-before cited
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`Cyclobenziprine, Fritch, and Unigene cases, respectively.
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`2) Petitioner objects to Patent Owner’s Demonstrative Nos. 51-52, 54-55, 57-58
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`and 61-69 because these demonstratives rely on objected-to evidence.
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`3) Petitioner objects to Patent Owner’s Demonstrative Nos. 54, 63, 66, 67 and 69
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`as displaying exhibits not specifically discussed in any papers.
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`4) Petitioner objects to Patent Owner’s Demonstratives, generally, as additional
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`briefing because they are far too numerous for the limited oral argument.
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`1) Patent Owner objects that Petitioner’s demonstrative nos. 25, 33, 40, and 45
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`improperly raise new arguments not set forth in Petitioner’s Petition or Reply
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`and nos. 38 and 42 improperly raise arguments not set forth in the Petition.
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`2) Patent Owner further objects that demonstrative nos. 8, 22, 30, and 32
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`improperly included new evidence in the form of citations that were not
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`included in Petitioner’s Petition or Reply.
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`3) Patent Owner further objects that demonstrative nos. 3, 12, and 17 misleadingly
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`mischaracterize the parties’ positions or the evidence.
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`4) Patent Owner reserves its objections pursuant to its pending motion to exclude.
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`1
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`Date: September 5, 2014
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`Respectfully submitted,
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`
`
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`/Daniel W. McDonald/
`Daniel W. McDonald, Reg. No. 32,044
`Attorneys for Petitioner Cardiocom
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`
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`/Don Daybell/
`Don Daybell, Reg. No. 50,877
`Attorneys for Patent Owner Robert Bosch
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`2
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`Certification of Service
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`The undersigned hereby certifies that a copy of the foregoing JOINT
`OBJECTIONS TO DEMONSTRATIVES was served on September 5, 2014 by
`filing the document(s) through the Patent Review Processing System and
`delivering by email on counsel of record for the patent owner at the following
`name and address:
`
`Don Daybell (ddaybell@orrick.com)
`Davin M. Stockwell (dstockwell@orrick.com)
`Bas de Blank (basdeblank@orrick.com)
`Lillian Mao (lmao@orrick.com)
`BoschvCardiocom-IPRServiceList@orrick.com
`D2DPTABDocket@orrick.com
`ORRICK, HERRINGTON, &
`SUTCLIFFE LLP
`2050 Main St., Suite 1100
`Irvine, CA 92614
`Tel: 949-567-6700
`Fax: 949-567-6710
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`
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`Respectfully submitted,
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`Date: September 5, 2014
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`
`
`/Daniel W. McDonald/
`Daniel W. McDonald (Lead Counsel)
`USPTO Registration No. 32,044
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`3