`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PETROLEUM GEO-SERVICES INC.
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L.
`Petitioners
`
`v.
`
`WESTERNGECO, LLC
`Patent Owner
`
`
`Case IPR2014-006881
`
`U.S. Patent No. 7,080,607
`
`PETROLEUM GEO-SERVICES INC.’S OBJECTIONS TO EVIDENCE
`
`
`
`1 Case IPR2015-00567 has been joined with this proceeding.
`
`
`
`
`
`Case IPR2014-00688
`Patent 7,080,607
`
`
`
`Petitioner Petroleum Geo-Services Inc. (“PGS”) objects pursuant to 37
`
`C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence (“FRE”) to the
`
`admissibility of evidence served by Patent Owner WesternGeco, LLC on June 22,
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`2015. PGS files these objections pursuant to 37 C.F.R. § 42.64(b)(1), which—as
`
`of May 19, 2015—requires objections to be filed with the Board. See 80 F.R.
`
`28,561, 28,563. Nothing contained herein shall be deemed to withdraw any
`
`objection in PGS’ Objections to Evidence—including to Exhibits 2141, 2142,
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`2151, 2152, 2153-56, and 2161—previously served on Patent Owner on March 27,
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`April 16, May 6, May 28, and June 8, 2015.
`
`The exhibits objected to, and grounds for PGS’ objections, are listed below.
`
`PGS also objects to Patent Owner’s reliance on or citation to any objected evidence
`
`in its papers.
`
`I.
`
`IDENTIFICATION OF CHALLENGED EVIDENCE AND GROUNDS
`FOR OBJECTIONS
`A. Exhibit 2163
`PGS objects to Exhibit 2163, the Third Declaration of Timothy Gilman,
`
`under FRE 402 and FRE 403 because it is irrelevant and its probative value is
`
`substantially outweighed by the danger of wasting time in this compressed
`
`proceeding. Exhibit 2163 purports to authenticate various exhibits. Exhibit 2163
`
`is irrelevant to the extent that it attempts to authenticate irrelevant exhibits.
`
`
`
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`
`
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`
`
`Exhibit 2163 is also irrelevant to the extent that it does not cure the objections
`
`identified in PGS’ Objections to Evidence of June 8, 2015.
`
`PGS further objects to Exhibit 2163 under FRE 402, 403 and 602 to the
`
`extent that Mr. Gilman provides comments that are outside his personal knowledge
`
`or lack foundation.
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`Nothing herein shall be deemed to withdraw any of PGS’ objections to
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`exhibits referenced in Exhibit 2163.
`
`Exhibit 2165
`
`B.
`PGS objects to Exhibit 2165, the Second Declaration of Michael Kiklis,
`
`under FRE 402 and FRE 403 because it is irrelevant and its probative value is
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`substantially outweighed by the danger of wasting time in this compressed
`
`proceeding. Exhibit 2165 purports to authenticate an exhibit. Exhibit 2165 is
`
`irrelevant to the extent that it attempts to authenticate irrelevant exhibits. Exhibit
`
`2165 is also irrelevant to the extent that it does not cure the objections identified in
`
`PGS’ Objections to Evidence of June 8, 2015.
`
`Nothing herein shall be deemed to withdraw any of PGS’ objections to
`
`exhibits referenced in Exhibit 2165.
`
`II. CONCLUSION
`To the extent Patent Owner fails to correct the defects identified above, PGS
`
`may file a motion to exclude under 37 C.F.R. § 42.64(c).
`
`
`
`3
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
` /Jessamyn Berniker/
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`
`Phone: 202-434-5474
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: June 29, 2015
`
`
`
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`
`4
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`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the above-captioned Petroleum Geo-
`
`Services Inc.’s Objections to Evidence was served on June 29, 2015, by delivering
`
`a copy via electronic mail upon the following attorneys of record.
`
`For Petitioner ION Geophysical Corporation and ION International S.A.R.L.:
`
`W. Karl Renner
`Roberto Devoto
`IPR37136-0003IP1@fr.com
`
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`202-783-5070
`
`
`
`
`
`
`
`
`
`
`
`
`
`For Patent Owner:
`
`
`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
`
`Oblon
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`
`
`Dated: June 29, 2015
`
`
`
`
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`
`
`Respectfully submitted,
`
`
`
`5
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`
`/Jessamyn Berniker/
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`
`Phone: 202-434-5474
`
`
`
`
`
`
`
`
`6
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