UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC
`Patent Owner
`
`Case IPR20 15-00089
`Patent 6,546,002
`
`PATENT OWNER'S OBJECTIONS TO PETITIONER'S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(l)
`
`Exhibit 2009
`IPR2015-00089
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC
`Patent Owner
`
`Case IPR20 15-00089
`Patent 6,546,002
`
`PATENT OWNER'S OBJECTIONS TO PETITIONER'S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(l)
`
`Exhibit 2009
`IPR2015-00089
`
`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`Patent Owner Intellectual Ventures II LLC hereby objects under the Federal
`
`Rules of Evidence ("FRE") and 37 C.F.R. § 42.62 to the admissibility ofthe
`
`following evidence submitted by International Business Machines Corporation
`
`("Petitioner") in support of its petition for inter partes review pursuant to 35
`
`U.S.C. §§ 311-319. Patent Owner serves Petitioners with these objections to
`
`provide notice that Patent Owner may move to exclude the challenged exhibits
`
`under 37 C.F.R. § 42.64(c) unless Petitioners cure the defects associated with the
`
`challenged exhibits identified herein.
`
`Exhibit 1001- Declaration of Henry A. Lieberman
`
`Patent Owner objects to this document as irrelevant under FRE 401 and thus
`
`inadmissible under FRE 402, or as confusing or a waste of time under FRE 403,
`
`because cited portions, specifically~~ 127-147 and 288-320, are not relevant to
`
`any issues remaining in this proceeding.
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the matter asserted, Patent Owner objects to such contents as inadmissible
`
`hearsay under FRE 80 1 and 802 that does not fall under any exception, including
`
`those ofFRE 803, 804, 805 or 807.
`
`Patent Owner objects to the declaration under Fed. R. Evid. 702 and 703.
`
`The declarant's testimony does not help the trier of fact understand the evidence or
`
`determine a fact in issue. The testimony is based on insufficient information. The
`
`- 1 -
`
`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`testimony is the product of unreliable principles and methods applied to the facts.
`
`Qualified experts in the relevant field would not reasonably rely upon the kinds of
`
`information alleged to support the declarant's opinion. Specifically,~~ 43-395,
`
`purportedly relating to the instituted grounds in this proceeding, consist of
`
`conclusory statements regarding the alleged prior art and unpatentability grounds.
`
`The testimony relies on improper evidence under FRE 401, 801, and 1 002-1003 -
`
`as the prejudicial effect of this evidence outweighs any probative value that it may
`
`have. E.g., Lieberman Decl. ~~ 5, 55, 127-147, and 288-320.
`
`Exhibit 1005- USPTO Assignments on the Web for U.S. Patent No. 6,546,002
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the assignment details listed on the face of the document, Patent Owner objects
`
`to such contents as inadmissible hearsay under FRE 80 1 and 802 that does not fall
`
`under any exception, including those ofFRE 803, 804, 805 or 807. See Lieberman
`
`Decl. ~ 5.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`- 2-
`
`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`Exhibit 1006- Tristan Richardson, et al., Virtual Network Computing
`
`Patent Owner objects to this document as irrelevant under FRE 401 and thus
`
`inadmissible under FRE 402, or as confusing or a waste of time under FRE 403,
`
`because cited portions are not relevant to any issue remaining in this proceeding.
`
`E.g., Petition at pp. 26-28, Lieberman Decl. ,-r~ 127-14 7.
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the alleged teachings contained therein, Patent Owner objects to such contents
`
`as inadmissible hearsay under FRE 801 and 802 that does not fall under any
`
`exception, including those ofFRE 803, 804, 805 or 807. E.g., Lieberman Decl. ~~
`
`48-52.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1 002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`Exhibit 1007- Richardson Proof of Publication and Public Availability
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the date purportedly shown on the document, Patent Owner objects to such
`
`contents as inadmissible hearsay under FRE 801 and 802 that does not fall under
`
`any exception, including those ofFRE 803, 804, 805 or 807. Petition at p. 3.
`
`- 3 -
`
`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1 002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1 004.
`
`Exhibit 1008- Mark Murray, et al., Effective Use of Individual User Profiles
`with Software Distribution
`
`Patent Owner objects to this document as in-elevant under FRE 401 and thus
`
`inadmissible under FRE 402, or as confusing or a waste of time under FRE 403,
`
`because cited portions are not relevant to any issues remaining in this proceeding.
`
`E.g., Petition at pp.47-50, Lieberman Decl. ~~ 288-320.
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the alleged teachings contained therein, Patent Owner objects to such contents
`
`as inadmissible hearsay under FRE 80 1 and 802 that does not fall under any
`
`exception, including those ofFRE 803, 804, 805 or 807. E.g., Lieberman Decl. ~~
`
`53-54.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those ofFRE 1004.
`
`- 4 -
`
`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`Exhibit 1009- Murray Proof of Publication and Public Availability
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the date purportedly shown on the document, Patent Owner objects to such
`
`contents as inadmissible hearsay under FRE 801 and 802 that does not fall under
`
`any exception, including those ofFRE 803, 804, 805 or 807. Petition at p. 3.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1 002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`Exhibit 1010- U.S. Patent No. 5,534,911 to Levitan
`
`Patent Owner objects to this document as irrelevant under FRE 401 and thus
`
`inadmissible under FRE 402, or as confusing or a waste of time under FRE 403,
`
`because the document is not relevant to any issues remaining in this proceeding.
`
`Exhibit 1015- Excerpt from File History U.S. Patent No. 6,546,002
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those ofFRE 1004.
`
`- 5 -
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`
`
`Case IPR20 15-00089
`U.S. Patent No. 6,546,002
`Exhibit 1016- Excerpt from File History of U.S. Patent No. 6,546,002
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`Exhibit 1017- Excerpt from File History of U.S. Patent No. 6,546,002
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`Exhibit 1018- T.V. Raman, Emacspeak-A Speech Interface
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the alleged teachings contained therein, Patent Owner objects to such contents
`
`as inadmissible hearsay under FRE 801 and 802 that does not fall under any
`
`exception, including those ofFRE 803, 804, 805 or 807. E.g., Lieberman Decl. ,1
`
`59.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`- 6-
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`
`
`Case IPR2015-00089
`U.S. Patent No. 6,546,002
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those ofFRE 1004.
`
`Exhibit 1019- Raman Proof of Publication and Public Availability
`
`To the extent Petitioner relies on the contents of this document for the truth
`
`of the date purportedly shown on the document, Patent Owner objects to such
`
`contents as inadmissible hearsay under FRE 801 and 802 that does not fall under
`
`any exception, including those ofFRE 803, 804, 805 or 807. Petition at p.4.
`
`To the extent Petitioner relies on the contents of this document to prove the
`
`content of the original document, Patent Owner objects to this document as not
`
`being an original document under FRE 1 002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exception to the original-document
`
`requirement, including those of FRE 1004.
`
`These objections are made within 10 business days of the institution of trial
`
`on April 27, 2015.
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEfN & Fox P.L.L.C.
`11
`
`'
`
`L~.. . · A. Gordon, Registration No. 50,633
`Attorney for Patent Owner
`
`Date: May 11, 2015
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`- 7-
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing PATENT OWNER'S
`
`OBJECTIONS TO PETITIONER'S EVIDENCE PURSUANT TO 37 C.F.R. §
`
`42.64(b)(1) was served electronically via e-mail on May 11, 2015, in its entirety
`
`on the following:
`
`Kenneth R. Adamo (Lead Counsel)
`Brent P. Ray (Back-up Counsel)
`Joel R. Merkin (Back-up Counsel)
`Eugene Goryunov (Back-up Counsel)
`Kirkland & Ellis LLP
`IBM_ IPR _ SERVICE@kirkland.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`Attorney for Patent Owner
`Registration No. 50,633
`
`Date: May 11,2015
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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