`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
`
`
`
`IPR2015-01039
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`LINDSAY CORPORATION
`Petitioner
`
`v.
`
`VALMONT INDUSTRIES, INC.
`Patent Owner
`
`
`
`Case No. IPR2015-01039
`U.S. Patent No. 7,003,357
`
`
`
`
`
`PETITIONER’S NOTICE OF OBJECTIONS
`TO PATENT OWNER’S SUPPLEMENTAL EVIDENCE
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Lindsay Corporation (“Lindsay”)
`
`submits its notice of objections to Valmont’s Supplemental Evidence served
`
`February 9, 2016 in connection with IPR2015-01039, within five business days
`
`following Valmont’s service of supplemental evidence. The bases for the
`
`objections are as follows:
`
`
`
`Declaration of Sarah Fish:
`
`Paragraph 3: Lindsay objects to this paragraph under FED. R. EVID. 801-802
`
`because it contains hearsay as to the purported date of publication of the article
`
`presented in Exhibit 2008 and hearsay as to the purported date of public
`
`availability of the article presented in Exhibit 2008 on the Web Archive.
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`Paragraph 4: Lindsay objects to this paragraph under FED. R. EVID. 801-802
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`because it contains hearsay as to the purported date of last updating of the article
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`presented in Exhibit 2009 and hearsay as to the purported date of public
`
`availability of the article presented in Exhibit 2009 on the Web Archive.
`
`Paragraph 6: Lindsay objects to this paragraph under FED. R. EVID. 801-802
`
`because it contains hearsay as to the purported date of publication of the article
`
`presented in Exhibit 2011 and hearsay as to the purported date of public
`
`availability of the article presented in Exhibit 2011 on the Web Archive.
`
`
`
`1
`
`
`
`Paragraph 7: Lindsay objects to this paragraph under FED. R. EVID. 801-802
`
`because it contains hearsay as to the purported date of public availability of the
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`article presented in Exhibit 2012 on the Web Archive.
`
`Paragraph 8: Lindsay objects to this paragraph under FED. R. EVID. 801-802
`
`because it contains hearsay as to the purported date of publication of the article
`
`presented in Exhibit 2014.
`
`Paragraph 9: Lindsay objects to this paragraph under FED. R. EVID. 801-802
`
`because it contains hearsay as to the purported date of publication of the article
`
`presented in Exhibit 2015 and hearsay as to the purported date of public
`
`availability of the article presented in Exhibit 2015 on the Web Archive.
`
`
`
`Affidavit of Christopher Butler
`
`
`
`Lindsay objects to the entirety of the Butler affidavit and attached exhibits
`
`under FED. R. EVID. 602 because Mr. Butler has failed to lay a sufficient
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`foundation, including an explanation of his personal knowledge, for his testimony
`
`about the operation and accuracy of the Wayback Machine. Lindsay further objects
`
`to the material attached as Exhibit A to the Butler Affidavit, which appears to be
`
`new and different versions of previously filed Exhibits 2008, 2009, 2011, 2012,
`
`and 2015. Submitting new versions of the same evidence is the improper
`
`presentation of supplemental information without having moved for permission to
`
`
`
`2
`
`
`
`do so. 37 C.F.R. § 42.123. Moreover, Lindsay objects to the new evidence on the
`
`same grounds Lindsay originally identified with respect to Exhibits 2008, 2009,
`
`2011, 2012, and 2015 in Petitioner’s Notice of Objections to Patent Owner’s
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`Evidence filed January 26, 2016, and those objections are hereby incorporated by
`
`reference in their entireties herein.
`
`
`
`
`
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`
`
`Dated: February 17, 2016
`
`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
`sbrown@hoveywilliams.com
`mwalters@hoveywilliams.com
`
`ATTORNEYS FOR PETITIONER
`LINDSAY CORPORATION
`
`
`
`3
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on the 17th day of February, 2016, a
`
`true and accurate copy of the foregoing Petitioner’s Notice of Objections to Patent
`
`Owner’s Supplemental Evidence was filed through the Patent Review Processing
`
`System and served on the following counsel for Petitioner via email:
`
`
`
`
`
`musselman@fr.com
`rbonilla@fr.com
`IPR25199-0016IP1@fr.com
`
`P. Weston Musselman, Jr.
`Ricardo J. Bonilla
`
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`
`ATTORNEYS FOR PATENT OWNER
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Scott R. Brown
`
`
`
`
`
`4
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