Case No. IPR2015-01087
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`MICRON TECHNOLOGY, INC., AND
`MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner
`________________________
`
`Case IPR2015-01087
`U.S. Patent No. 6,057,221
`________________________
`
`
`
`PATENT OWNER'S NOTICE OF OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`MICRON TECHNOLOGY, INC., AND
`MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner
`________________________
`
`Case IPR2015-01087
`U.S. Patent No. 6,057,221
`________________________
`
`
`
`PATENT OWNER'S NOTICE OF OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`
`
`
`
`
`Case No. IPR2015-01087
`
`The undersigned, on behalf of Massachusetts Institute Of Technology
`
`(“MIT” or “Patent Owner”), hereby provides Notice to the Board that the
`
`objections made on the record herewith were served to Micron Technology, Inc.,
`
`and Micron Memory Japan, Inc. ("Micron" or “Petitioner”) pursuant to 37 C.F.R.
`
`§ 42.64. See also Trial Practice Guide, 77 Fed. Reg. 48756, 48767 (Aug. 14, 2012).
`
`
`
`Dated: November 20, 2015
`
`Respectfully submitted,
`
`by: /Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`Ramzi R. Khazen
`Registration No. 55,810
`
`Counsel for Massachusetts Institute of
`Technology
`
`
`
`
`
`
`
`Case No. IPR2015-01087
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`MICRON TECHNOLOGY, INC., AND
`MICRON MEMORY JAPAN, INC.,
`Petitioners
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner
`________________________
`
`Case IPR2015-01087
`U.S. Patent No. 6,057,221
`________________________
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`
`
`
`
`
`
`Case No. IPR2015-01087
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Massachusetts Institute
`
`Of Technology (“MIT” or “Patent Owner”) objects to the admissibility of the
`
`documents identified below that were submitted by Micron Technology, Inc. and
`
`Micron Memory Japan, Inc. ("Micron" or “Petitioner”) during the preliminary
`
`proceedings, for the following reasons:
`
`A. Exhibits 1028-1034
`Exhibits 1028-1034 are objected to as lacking relevance, causing undue
`
`prejudice, and for lacking authentication. For example, Petitioner does not offer
`
`evidence that these exhibits are what Petitioner claims them to be, and the
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`documents are not self-authenticating. See Fed. R. Evid. 901. For further
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`example, these exhibits are irrelevant and cause undue prejudice because Petitioner
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`relies on these exhibits improperly to attempt to fill in absent claim elements of the
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`challenged claims in the asserted art where the asserted art itself is silent, including
`
`in purported anticipation analyses. See Fed. R. Evid. 401-403. Petitioner does not
`
`assert these documents themselves as prior art references that anticipate or
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`combine to render obvious the challenged patent claims, and as such are not listed
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`as specific grounds for challenging the patent claims. Because these documents
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`are used improperly by Petitioner, the prejudice they would cause outweighs any
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`purported probative value. See Id.
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`1
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`
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`Case No. IPR2015-01087
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`Exhibits 1018, 1019, 1028-1034
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`B.
`Exhibits 1018, 1019, and 1028-1034 are objected to for containing hearsay.
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`See Fed. R. Evid. 801, 802. For example, Petitioner relies on these exhibits to
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`prove the truth of material properties, product introduction dates, and/or alleged
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`industry practices in the prior art.
`
`C. Exhibit 1006
`Exhibit 1006 is objected to for causing undue prejudice and/or as inauthentic
`
`as to the translation, such that the prejudice it would cause outweighs its probative
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`value. See Fed. R. Evid. 801, 802, 901. For example, the English translation of
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`this document states the term “thermal resistance,” while Petitioner purports to
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`quote this language as “thermal resist[ivity],” suggesting that the translation is
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`either faulty or is used improperly to mean something other than what it says.
`
`D. Exhibit 1019
`Exhibit 1019 is objected to as lacking completeness. See Fed. R. Evid. 106.
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`
`
`The objections have been made within 10 business days from the
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`November 5, 2015 institution of trial.
`
`
`
`Dated: November 20, 2015
`
`Respectfully submitted,
`
`by: /Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`
`
`
`
`
`Case No. IPR2015-01087
`
`Ramzi R. Khazen
`Registration No. 55,810
`
`Counsel for Massachusetts Institute of
`Technology
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-01087
`
`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of PATENT OWNER'S
`
`NOTICE OF OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R.
`
`§ 42.64
`
`and PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`PURSUANT TO 37 C.F.R. § 42.64 has been served via electronic mail on the
`
`following counsel of record for Petitioners:
`
`David J. Cooperberg
`dcooperberg@kenyon.com
`Thomas Makin
`tmakin@kenyon.com
`Rose Cordero Prey
`rcordero@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Telephone: 212.425.7200
`Facsimile: 212.425.5288
`
`
`Dated: November 20, 2015
`
`
`
`Respectfully submitted,
`
`by: /Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`Ramzi R. Khazen
`Registration No. 55,810
`
`Counsel for Massachusetts Institute of
`Technology
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