`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`ROBERT BOSCH LLC and DAIMLER AG,
`Petitioners,
`
`v.
`
`ORBITAL AUSTRALIA PTY LTD,
`Patent Owner
`___________________
`
`Case No. IPR2015-01259
`U.S. Patent 5,655,365
`___________________
`
`
`PATENT OWNER’S FIRST OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`IPR2015-01259
`Patent 5,655,365
`
`PATENT OWNER’S FIRST OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Orbital Australia Pty Ltd f/k/a/ Orbital
`
`Engine Company (Australia) Pty. Ltd. (“Patent Owner”) hereby objects to the
`
`admissibility of certain evidence submitted or cited in support of the Petition dated
`
`June 16, 2016 (Paper 3). Patent Owner’s objections are based on the Federal Rules
`
`of Evidence (“FRE”), relevant case law, and PTAB Rules, as further detailed
`
`below. Patent Owner’s objections to evidence are timely under 37 C.F.R.
`
`§ 42.64(b)(1), as they are filed within ten business days from the institution of trial
`
`on December 30, 2015.
`
`Exhibit 1007
`
`Petitioner’s Exhibit 1007 nominally purports to be a reference entitled
`
`“Methods for Fast Catalytic System Warm-Up During Vehicle Cold Starts,” SAE
`
`Technical Paper 720481, 1972 by Bernhardt et al. (Ex. 1002, “Bernhardt”).
`
`Exhibit 1002 additionally contains a cover page which appears to be a webpage
`
`printout dated January 20, 2015 from the website http://papers.sae.org/720481/.
`
`Ex. 1002 at 1.
`
`Patent Owner objects to this exhibit because it has not been properly
`
`authenticated, as required by FRE 901, and this exhibit is not self-authenticating
`
`under FRE 902.
`
`1
`
`
`
`IPR2015-01259
`Patent 5,655,365
`
`Patent Owner also objects to this exhibit to the extent it is relied on for
`
`information purportedly relating to dates of publication, if any, as hearsay under
`
`FRE 801 and inadmissible under FRE 802-807.
`
`Exhibit 1013
`
`Petitioner’s Exhibit 1013 is U.S. Patent No. 6,581,572 to Hurley.
`
`Patent Owner objects to this exhibit as irrelevant under FRE 402, and
`
`prejudicial, misleading, confusing, and/or a waste of time under FRE 403.
`
`Patent Owner also objects to this exhibit under 37 C.F.R. §§ 42.6(a)(3) and
`
`42.24(a)(1)(i) because it is not referenced or explained in the Petition. See 37
`
`C.F.R. §§ 42.22(a)(2) and 42.104(b)(4).
`
`
`Dated: January 13, 2016
`
`
`
`Respectfully submitted,
`
`By: /David Magee/
`David Magee, Reg. No. 51,892
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2015-01259
`Patent 5,655,365
`
` I
`
` hereby certify that on January 13, 2016, a true and accurate copy of this paper,
`PATENT OWNER’S FIRST OBJECTIONS TO EVIDENCE, was served on the Petitioners at
`the following e-mail addresses, pursuant to Petitioner’s consent to e-mail service:
`
`
`Bosch-Orbital-IPR@finnegan.com
`MB_Orbital_IPR@quinnemanuel.com
`
`
`
`
`By: /David Magee/
`David Magee, Reg. No. 51,892
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`
`3
`
`
`
`
`
`Dated: January 13, 2016
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