`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`LG DISPLAY CO., LTD.
`Petitioner
`
`v.
`
`SURPASS TECH INNOVATION LLC
`Patent Owner
`
`_______________
`
`Case IPR2015-00885
`Patent 7,202,843
`
`_______________
`
`
`
`PATENT OWNER SURPASS TECH INNOVATION LLC’S
`OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner Surpass objects to the evidence of Petitioner for the reasons
`
`Objection
`
`Grounds
`
`FRE 402, 403, 35
`U.S.C. § 311(b)
`
`A district court
`complaint is not
`relevant to the
`instituted basis for
`trial; reliance on
`materials that are
`not patents or
`printed
`publications.
`
`A district court
`complaint is not
`relevant to the
`instituted basis for
`trial; reliance on
`materials that are
`not patents or
`printed
`publications.
`
`A prior petition is
`not relevant to the
`instituted basis for
`trial; the petition
`contains hearsay,
`and it is not a
`patent or printed
`publication.
`
`
`set forth below:
`
`Identity of Exhibit
`
`1002
`
`Portion to be
`Excluded
`All
`
`1003
`
`All
`
`FRE 402, 403, 35
`U.S.C. § 311(b)
`
`1004
`
`All
`
`FRE 402, 403,
`802, 35 U.S.C. §
`311(b)
`
`
`
`
`
`Objection
`
`Grounds
`
`37 C.F.R. §
`42.63(b); FRE
`802; 35 U.S.C. §
`311(b)
`
`
`
`37 C.F.R. §
`42.63(b); FRE
`802; 35 U.S.C. §
`311(b)
`
`
`
`The document
`contains portions
`in a foreign
`language without
`a proper
`translation; the
`document contains
`hearsay; and it is
`not a patent or
`printed
`publication.
`
`Certifications do
`not provide basis
`for statements,
`such as the person
`making the
`certification does
`not attest who
`performed the
`translation.
`Translation fails
`to comply with
`42.63(b). The
`document itself
`contains hearsay;
`and it is not a
`patent or printed
`publication.
`
`Jinda is not part of
`the trial. Paper
`No. 9 at 11-12.
`
`
`Identity of Exhibit
`
`1006
`
`Portion to be
`Excluded
`All
`
`1007
`
`All
`
`1008
`
`All
`
`FRE 402, 403
`
`
`
`
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`802; 37 C.F.R. §
`42.63(b)
`
`
`Miyai is not part
`of the trial. Paper
`No. 9 at 11-12.
`Certification does
`not provide basis
`for statements,
`such as the person
`making the
`certification does
`not attest who
`performed the
`translation;
`contains hearsay.
`
`Translation fails
`to comply with
`42.63(b).
`Certification does
`not provide basis
`for statements,
`such as the person
`making the
`certification does
`not attest who
`performed the
`translation;
`contains hearsay.
`
`References to
`materials and
`issues outside of
`trial, including
`obviousness.
`
`
`Identity of Exhibit
`
`1009
`
`Portion to be
`Excluded
`All
`
`37 C.F.R. §
`42.63(b); FRE 802
`
`
`
`1010
`
`All
`
`1011
`
`¶¶ 26-31
`
`FRE 402, 403
`
`
`
`
`
`Objection
`
`Grounds
`
`FRE 402, 403
`
`37 C.F.R. §
`42.63(b); FRE 802
`
`
`References to
`materials outside
`of trial, including
`Jinda and Miyai.
`
`Discussion of Lee
`without a proper
`translation;
`contains and relies
`upon hearsay.
`
`References to
`materials outside
`of instituted basis
`for trial, i.e. claim
`1.
`
`Fails to disclose
`basis for opinion.
`
`References to
`materials outside
`of instituted basis
`for trial, i.e. claim
`1, Jinda, Miyai.
`Discussion of
`Miyai without a
`proper translation;
`contains and relies
`upon hearsay.
`
`
`Identity of Exhibit
`
`1011
`
`Portion to be
`Excluded
`¶ 51
`
`1011
`
`¶¶ 53-77
`
`1011
`
`¶¶ 56-67
`
`FRE 402, 403
`
`1011
`
`1011
`
`¶¶ 58, 61, 64-65,
`70, 73, 76
`
`FRE 702, 703
`
`¶¶ 78-121
`
`FRE 402, 403,
`802; ; 37 C.F.R. §
`42.63(b); FRE 802
`
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`Dated: September 22, 2015
`
`
`
`
`
`
`
`
`
`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:
`
`Robert G. Pluta
`Registration No. 50,970
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-8641
`Facsimile: 312-701-7711
`rpluta@mayerbrown.com
`
`cc: SURPASSIPR843@mayerbrown.com
`
`William J. Barrow
`Registration No. 62,813
`MAYER BROWN LLP
`1999 K Street, N.W.
`Washington, DC 20006
`Telephone: 202.263.3000
`Facsimile: 202.263.3300
`wbarrow@mayerbrown.com
`
`Amanda K. Streff
`Registration No. 65,224
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`Telephone: 312-701-8645
`Facsimile: 312-701-7711
`astreff@mayerbrown.com
`
`By: /s/ Wayne M. Helge
` USPTO Reg. No. 56,905
` Counsel for Patent Owner
`
`
`
`
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