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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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`PETROLEUM GEO-SERVICES INC.
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L.
`Petitioners
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`v.
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`WESTERNGECO, LLC
`Patent Owner
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`
`Case IPR2014-006881
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`U.S. Patent No. 7,080,607
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`PETROLEUM GEO-SERVICES INC.’S OBJECTIONS TO EVIDENCE
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`1 Case IPR2015-00567 has been joined with this proceeding.
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`Case IPR2014-00688
`Patent 7,080,607
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`Petitioner Petroleum Geo-Services Inc. (“PGS”) objects pursuant to 37
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`C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence (“FRE”) to the
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`admissibility of supplemental evidence served by Patent Owner WesternGeco,
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`LLC on May 20, 2015. PGS files these objections pursuant to 37 C.F.R.
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`§ 42.64(b)(1), which—as of May 19, 2015—requires objections to be filed with the
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`Board. See 80 F.R. 28,561, 28,563. Nothing contained herein shall be deemed to
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`withdraw any objection in PGS’ Objections to Evidence previously served on
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`Patent Owner on March 27, April 16, and May 6, 2015.
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`The exhibits objected to, and grounds for PGS’ objections, are listed below.
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`PGS also objects to Patent Owner’s reliance on or citation to any objected evidence
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`in its papers.
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`I.
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`IDENTIFICATION OF CHALLENGED EVIDENCE AND GROUNDS
`FOR OBJECTIONS
`A. Exhibit 2140
`PGS objects to Exhibit 2140, the Second Supplemental Declaration of Robin
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`Walker, under FRE 402 and FRE 403 because it is irrelevant and its probative
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`value is substantially outweighed by the danger of wasting time in this compressed
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`proceeding. Exhibit 2140 purports to authenticate various exhibits. Exhibit 2140
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`is irrelevant to the extent that it attempts to authenticate irrelevant exhibits.
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`Exhibit 2140 is also irrelevant in that it does not cure the objections identified in
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`PGS’ Objections to Evidence of May 6, 2015.
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`PGS further objects to Exhibit 2140 because it seeks to authenticate exhibits
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`that are untimely under 37 C.F.R § 42.64(b)(2), as described in PGS’ Objections to
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`Evidence of May 6, 2015.
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`PGS further objects to Exhibit 2140 under FRE 402, 403 and 602 because
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`Mr. Walker provides comments that are outside his personal knowledge or lack
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`foundation. Additionally, this exhibit is inadmissible hearsay under FRE 802.
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`PGS also objects to Exhibit 2140 to the extent that Patent Owner seeks to
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`rely on it for any purpose other than to respond to PGS’ Objections to Evidence
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`under 37 C.F.R. § 42.64(b). Exhibit 2140 is untimely—it was not filed within the
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`due date for Patent Owner’s response, March 20, 2015. See Paper 38 at 2.
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`Moreover, Patent Owner has not requested authorization from the Board to file
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`supplemental information under 37 C.F.R. § 42.123, and Patent Owner does not
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`and cannot demonstrate that this exhibit reasonably could not have been obtained
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`earlier or that it would be in the interests of justice to allow this supplemental
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`information. See 37 C.F.R. § 42.123.
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`Nothing herein shall be deemed to withdraw any of PGS’ objections to
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`exhibits referenced in Exhibit 2140.
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`3
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`II. CONCLUSION
`To the extent Patent Owner fails to correct the defects identified above, PGS
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`may file a motion to exclude under 37 C.F.R. § 42.64(c).
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`Dated: May 28, 2015
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`Respectfully submitted,
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`
` /Jessamyn Berniker/
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
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`Phone: 202-434-5474
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the above-captioned Petroleum Geo-
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`Services Inc.’s Objections to Evidence was served on May 28, 2015, by delivering
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`a copy via electronic mail upon the following attorneys of record.
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`For Petitioner ION Geophysical Corporation and ION International S.A.R.L.:
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`W. Karl Renner
`Roberto Devoto
`IPR37136-0002IP1@fr.com
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`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`202-783-5070
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`For Patent Owner:
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`Michael L. Kiklis
`CPDocketKiklis@oblon.com
`Scott McKeown
`CPDocketMcKeown@oblon.com
`Kevin Laurence
`CPDocketLaurence@oblon.com
`Katherine Cappaert
`CPDocketCappaert@oblon.com
`Christopher Ricciuti
`CPDocketRicciuti@oblon.com
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`Oblon
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
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`Dated: May 28, 2015
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`Respectfully submitted,
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`5
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`/Jessamyn Berniker/
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
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`Phone: 202-434-5474
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`6
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