throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`SONY CORPORATION, SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG DISPLAY CO., LTD.,
`Petitioners
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner
`
`_______________
`
`Case IPR2015-00863
`Patent 7,202,843 B2
`
`_______________
`
`
`
`PATENT OWNER SURPASS TECH INNOVATION LLC’S
`OBJECTIONS TO PETITIONERS’ EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
` 
`
`
`
`
`
`

`
`Patent Owner Surpass objects to the evidence of Petitioners for the reasons
`
`Objection
`
`Grounds
`
`Certification does
`not provide basis
`for statements;
`translation
`contains hearsay
`offered for its
`truth.
`
`Jinda is not part of
`the trial. Paper
`No. 11 at 12-13.
`
`Ham ‘247 is not
`part of the trial.
`Paper No. 11 at
`12-13.
`
`
`Ham ‘229 is not
`part of the trial.
`Paper No. 11 at
`12-13.
`
`Lueder is not part
`of the trial. Paper
`No. 11 at 12-13.
`
`O’Mara is not part
`of the trial. Paper
`No. 11 at 12-13.
`
`
`37 C.F.R. §
`42.63(b); FRE 802
`
`
`
`FRE 402, 403
`
`FRE 402, 403
`
`FRE 402, 403
`
`FRE 402, 403
`
`FRE 402, 403
`
` 
`
`set forth below:
`
`Identity of Exhibit
`
`1004, 1005
`
`Portion to be
`Excluded
`All
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`All
`
`All
`
`All
`
`All
`
`All
`
`

`
`Objection
`
`Grounds
`
`FRE 402, 403,
`802
`
`IEEE 100 is not
`part of the trial.
`Paper No. 11 at
`12-13. Exhibit
`contains hearsay
`submitted for the
`truth of the
`“definitions”
`provided.
`
`McGraw Hill is
`not part of the
`trial. Paper No. 11
`at 12-13. Exhibit
`contains hearsay
`submitted for the
`truth of the
`“definitions”
`provided.
`
`Microsoft is not
`part of the trial.
`Paper No. 11 at
`12-13. Exhibit
`contains hearsay
`submitted for the
`truth of the
`“definitions”
`provided.
`
`References to
`materials outside
`of trial, including
`19(c)-(i).
`
`
`Identity of Exhibit
`
`1011
`
`Portion to be
`Excluded
`All
`
`1012
`
`All
`
`FRE 402, 403,
`802
`
`1013
`
`All
`
`FRE 402, 403,
`802
`
`1014
`
`¶ 19
`
`FRE 402, 403
`
` 
`
`

`
`Identity of Exhibit
`
`1014
`
`Portion to be
`Excluded
`¶ 20
`
`1014
`
`¶¶ 31-32, 35-46
`
`FRE 402, 403,
`702, 703, 802, 35
`U.S.C. § 311(b)
`
` 
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802, 35
`U.S.C. § 311(b)
`
`References to
`materials outside
`of instituted basis
`for trial; reliance
`on materials that
`are not patents or
`printed
`publications;
`failure to provide
`basis for opinion
`within instituted
`basis for trial;
`contains
`impermissible
`hearsay regarding
`“experience and
`knowledge.”
`
`References to
`materials outside
`of instituted basis
`for trial, including
`O’Mara, Lueder,
`and Ham; reliance
`on materials that
`are not patents or
`printed
`publications;
`relies on materials
`for the truth of
`their contents
`without basis;
`failure to provide
`basis for opinion
`within instituted
`basis for trial.
`
`
`

`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802, 35
`U.S.C. § 311(b)
`
`References to
`materials outside
`of instituted basis
`for trial; reliance
`on materials that
`are not patents or
`printed
`publications
`(“routinely used”);
`relies on materials
`for the truth of
`their contents
`without basis;
`failure to provide
`basis for opinion
`within instituted
`basis for trial.
`
`References to
`materials outside
`of instituted basis
`for trial; reliance
`on materials that
`are not patents or
`printed
`publications (“See
`¶¶ 45-46 supra”);
`failure to provide
`basis for opinion
`within instituted
`basis for trial.
`
`
`Identity of Exhibit
`
`1014
`
`Portion to be
`Excluded
`¶¶ 51-54
`
`1014
`
`¶ 55
`
`FRE 402, 403,
`702, 703, 802, 35
`U.S.C. § 311(b)
`
` 
`
`

`
`Identity of Exhibit
`
`1014
`
`Portion to be
`Excluded
`¶¶ 56-69
`
`
`
`Dated: September 22, 2015
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Jinda and Ham;
`failure to provide
`basis for opinion
`within instituted
`basis for trial;
`contains hearsay
`regarding POSA
`knowledge.
`
`
`Respectfully submitted,
`
`By: /s/ Wayne M. Helge
`
`Wayne M. Helge (Reg. No. 56,905)
`Donald L. Jackson (Reg. No. 41,090)
`Michael R. Casey (Reg. No. 40,294)
`DAVIDSON BERQUIST JACKSON & GOWDEY,
`LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Email: djackson@dbjg.com
`Email: mcasey@dbjg.com
`
` Counsel for Patent Owner
`
`
`
` 
`
`
`
`
`
`

`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I hereby certify that on September 22, 2015, a true and correct copy of the
`
`foregoing OBJECTIONS TO PETITIONER’S EVIDENCE is being served via
`
`email by consent to the Petitioners at the correspondence addresses of record as
`
`follows:
`
`Michelle Carniaux (Reg. No. 36,098)
`Lewis Popovski (Reg. No. 37,423)
`Jay I. Alexander (Reg. No. 32,678)
`Electronic Service: Sony-SurpassTech@kenyon.com
`Service Address: Kenyon & Kenyon LLP, One Broadway, New York, NY 10004.
`
`By: /s/ Wayne M. Helge
` USPTO Reg. No. 56,905
` Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
` 

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket