throbber
IPR2014-01121
`
`Filed on behalf of Nidec Motor Corporation
`By:
`Scott R. Brown
`Matthew B. Walters
`HOVEY WILLIAMS LLP
`10801 Mastin Blvd., Suite 1000
`Overland Park, Kansas 66210
`Tel: (913) 647-9050
`Fax: (913) 647-9057
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.; BROAD
`OCEAN MOTOR, LLC; AND BROAD OCEAN TECHNOLOGIES,
`LLC
`Petitioners
`
`v.
`
`NIDEC MOTOR CORPORATION
`Patent Owner
`
`
`
`Case No. IPR2014-01121
`U.S. Patent No. 7,626,349
`
`
`
`PATENT OWNER'S OBJECTIONS TO
`PETITIONER’S EXHIBITS 1013-1017, 1020, 1022-1026, 1028,
`1031-1032, 1034-1036, AND 1038
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 1
`
`

`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Nidec Motor
`
`Corporation submits the following objections to Exhibits 1013-1017, 1020,
`
`1022-1026, 1028, 1031-1032, 1034-1036, and 1038 submitted by Petitioners:
`
`
`
`EXHIBIT 1013: Patent Owner objects to this exhibit under Rule(s):
`
` Rule 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness.
`
`
`
`Exhibit 1014: Patent Owner objects to this exhibit under Rule(s):
`
` 401-403 of the Federal Rules of Evidence on the grounds that it is
`
`irrelevant and a waste of time.
`
` 602 and 701 of the Federal Rules of Evidence because the declarant lacks
`
`personal knowledge and speculates about the subject matter about which
`
`he testifies;
`
` 702 and 37 C.F.R. 42.65(b) because the declarant does not explain the data,
`
`testing, and procedures used to arrive at the testimony about which he
`
`testifies; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay (e.g., ¶¶ 20, 22, 28, 34, 36) and no exclusion or exception
`
`therefore has been established under Rules 801–807.
`
`
`
`2
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 2
`
`

`
`
`
`EXHIBIT 1015: Patent Owner objects to this exhibit under Rule(s):
`
` 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness.
`
`
`
`EXHIBIT 1016: Patent Owner objects to this exhibit under Rule(s):
`
` 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness.
`
`
`
`Exhibit 1017: Patent Owner objects to this exhibit under Rule(s):
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1020: Patent Owner objects to this exhibit under Rule(s):
`
` 401-403 of the Federal Rules of Evidence on the grounds that it is
`
`irrelevant and a waste of time (e.g., ¶ 6).
`
` 602 and 701 of the Federal Rules of Evidence because the declarant lacks
`
`
`
`3
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 3
`
`

`
`personal knowledge and speculates about the subject matter about which
`
`he testifies (e.g., ¶¶ 3, 4, 5, 7, 8, 10, 11, 12);
`
` 702 and 37 C.F.R. 42.65(b) because the declarant does not explain the data,
`
`testing, and procedures used to arrive at the testimony about which he
`
`testifies (e.g., ¶¶ 9); and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay (e.g., ¶¶ 3, 4, 5, 7, 9, 11) and no exclusion or exception
`
`therefore has been established under Rules 801–807.
`
`
`
`Exhibit 1022: Patent Owner objects to this exhibit under Rule(s):
`
` 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness; and
`
` 30(f) of the Federal Rules of Civil Procedure because the excerpted
`
`deposition testimony originates from a non-certified deposition transcript.
`
`
`
`Exhibit 1023: Patent Owner objects to this exhibit under Rule(s):
`
` 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness; and
`
` 30(f) of the Federal Rules of Civil Procedure because the excerpted
`
`deposition testimony originates from a non-certified deposition transcript.
`
`
`
`4
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 4
`
`

`
`
`
`Exhibit 1024: Patent Owner objects to this exhibit under Rule(s):
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1025: Patent Owner objects to this exhibit under Rule(s):
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1026: Patent Owner objects to this exhibit under Rule(s):
`
` 37 C.F.R. 42.65(b) because the document does not explain the data, testing,
`
`and procedures used to arrive at the information contained within the
`
`exhibit;
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`
`
`5
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 5
`
`

`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1028: Patent Owner objects to this exhibit under Rule(s):
`
` 401-403 of the Federal Rules of Evidence on the grounds that it is
`
`irrelevant and a waste of time (e.g., ¶ 19).
`
` 602 and 701 of the Federal Rules of Evidence because the declarant lacks
`
`personal knowledge and speculates about the subject matter about which
`
`he testifies (e.g., ¶¶ 19, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32);
`
` 702 and 37 C.F.R. 42.65(b) because the declarant does not explain the data,
`
`testing, and procedures used to arrive at the testimony about which he
`
`testifies (e.g., ¶¶ 19, 23, 24, 28, 31); and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay (e.g., ¶¶ 24, 25) and no exclusion or exception therefore
`
`has been established under Rules 801–807.
`
`
`
`Exhibit 1031: Patent Owner objects to this exhibit under Rule(s):
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`
`
`6
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 6
`
`

`
`no proper basis for establishing its authenticity has been provided;
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807;
`
` 1006 of the Federal Rules of Evidence because the material summarized is
`
`not so voluminous as to warrant summarization and the underlying
`
`documents relied upon to generate the summary have not been made
`
`available.
`
`
`
`Exhibit 1032: Patent Owner objects to this exhibit under Rule(s):
`
` 37 C.F.R. 42.65(b) because the document does not explain the data, testing,
`
`and procedures used to arrive at the information contained within the
`
`exhibit;
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1034: Patent Owner objects to this exhibit under Rule(s):
`
`
`
`7
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 7
`
`

`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1035: Patent Owner objects to this exhibit under Rule(s):
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1036: Patent Owner objects to this exhibit under Rule(s):
`
` 37 C.F.R. 42.65(b) because the document does not explain the data, testing,
`
`and procedures used to arrive at the information contained within the
`
`exhibit;
`
` 901-902 of the Federal Rules of Evidence because it lacks foundation and
`
`no proper basis for establishing its authenticity has been provided; and
`
` 801–802 of the Federal Rules of Evidence because it constitutes and
`
`
`
`8
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 8
`
`

`
`contains hearsay and no exclusion or exception therefore has been
`
`established under Rules 801–807.
`
`
`
`Exhibit 1038: Patent Owner objects to this exhibit under Rule(s):
`
` 106 of the Federal Rules of Evidence and Rule 32(a)(6) of the Federal
`
`Rules of Civil Procedure on the grounds that it lacks completeness; and
`
` 30(f) of the Federal Rules of Civil Procedure because the excerpted
`
`deposition testimony originates from a non-certified deposition transcript.
`
`Respectfully Submitted,
`
`
`
`
`
` /s/ Scott R. Brown
`Scott R. Brown, Reg. No. 40,535
`Matthew B. Walters, Reg. No. 65,343
`HOVEY WILLIAMS LLP
`10801 Mastin Blvd., Suite 1000
`Overland Park, Kansas 66210
`Tel: (913) 647-9050
`Fax: (913) 647-9057
`srb@hoveywilliams.com
`mbw@hoveywilliams.com
`
`ATTORNEYS FOR PATENT OWNER
`NIDEC MOTOR CORPORATION
`
`
`9
`
`
`Dated: August 28, 2015
`
`
`
`
`
`
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 9
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on the 28th day of August,
`
`2015, a true and accurate copy of the foregoing Patent Owner’s Objections
`
`to Patent Owner’s Exhibits 1013-1017, 1020, 1022-1026, 1028, 1031-1032,
`
`1034-1036, and 1038 was served on the following counsel for Petitioner via
`
`email:
`
`
`STEVEN F. MEYER
`CHARLES BAKER
`LOCKE LORD LLP
`Three World Financial Center
`New York, New York 10281-2101
`Tel: (212) 415-8535
`
`
`smeyer@lockelord.com
`cbaker@lockelord.com
`
`
`
`
`
`
`
`
`
`
`
` /s/ Scott R. Brown
`
`
`
`
`
`10
`
`
`
`
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2029 - 10

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