`Filed: April 1, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`Robert Bosch LLC and Daimler AG,
`Petitioners,
`
`v.
`
`Orbital Engine Company Pty Limited,
`Patent Owner
`_______________________
`
`Case No. IPR2015-01258
`U.S. Patent No. 5,655,365
`_______________________
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`
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`PETITIONERS’ OBJECTIONS TO ORBITAL ENGINE
`COMPANY PTY LIMITED’S EXHIBITS 2007-2013
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`
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`IPR2015-01258
`Patent 5,655,365
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Robert Bosch LLC and
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`Daimler AG submit to Orbital Engine Company Pty Limited the following
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`objections to Exhibits 2007-2013.
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`Exhibit 2007
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`Petitioners object to Exhibit 2007 under FRE 401-403 as irrelevant and
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`prejudicial. Exhibit 2007 does not have any bearing on the instituted grounds in
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`this case.
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`Exhibit 2008
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`Petitioners object to Exhibit 2008 under FRE 401-403 as irrelevant and
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`prejudicial. There is no correlation between the construction of the claims of the
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`’365 patent as issued and the hypothetical fuel injection diagram depicted in
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`Exhibit 2008. Nor does Exhibit 2008 have any bearing on the instituted grounds in
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`this case
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`Exhibit 2009
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`Petitioners object to Exhibit 2009 under FRE 401-403 as irrelevant and
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`prejudicial. Petitioners also object to Exhibit 2009 because Orbital lists Exhibit
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`2009 on its exhibit list but has not relied on this exhibit in its Response to the
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`2
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`Petition.
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`IPR2015-01258
`Patent 5,655,365
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`Exhibit 2010
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`Petitioners object to Exhibit 2010 under FRE 401-403 as irrelevant and
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`prejudicial. There is no correlation between the construction of the claims of the
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`’365 patent as issued and the hypothetical fuel injection diagram depicted in
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`Exhibit 2010. Nor does Exhibit 2010 have any bearing on the instituted grounds in
`
`this case
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`Exhibit 2011
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`Petitioners object to Exhibit 2011 under FRE 401-403 as irrelevant and
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`prejudicial. Petitioners also object to Exhibit 2011 because Orbital lists Exhibit
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`2011 on its exhibit list but has not relied on this exhibit in its Response to the
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`Petition.
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`Exhibit 2012
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`Petitioners object to Exhibit 2012 under FRE 401-403 as irrelevant and
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`prejudicial. Petitioners also object to Exhibit 2012 because Orbital lists Exhibit
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`2012 on its exhibit list but has not relied on this exhibit in its Response to the
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`Petition.
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`Exhibit 2013
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`Petitioners object to Exhibit 2013 under FRE 401-403 as irrelevant and
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`prejudicial. Petitioners also object to Exhibit 2013 because Orbital lists Exhibit
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`
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`3
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`
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`IPR2015-01258
`Patent 5,655,365
`2013 on its exhibit list but has not relied on this exhibit in its Response to the
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`Petition.
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`
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`Dated: April 1, 2016
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`
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`By: /Aaron L. Parker/
`
`Aaron L. Parker, Backup Counsel
`
`Reg. No. 50,785
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`
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`
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`4
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`
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`IPR2015-01258
`Patent 5,655,365
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing
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`
`
`PETITIONERS’ OBJECTIONS TO ORBITAL ENGINE COMPANY PTY
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`LIMITED’S EXHIBITS 2007-2013 was served on April 1, 2016, via email
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`directed to counsel of record for the Patent Owner at the following:
`
`
`David Magee
`mageed@pepperlaw.com
`
`Andrew Schultz
`schultza@pepperlaw.com
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`
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`/Lisa C. Hines/
`Lisa C. Hines
`Litigation Clerk
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`
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`Dated: April 1, 2016
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`5
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