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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`JOHNSON MATTHEY INC., and JOHNSON MATTHEY PLC,
`Petitioner,
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`BASF CORPORATION,
`Patent Owner.
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`Case IPR2015-01266
`Patent Number: 9,039,982
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`PATENT OWNER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PETITIONER JOHNSON MATTHEY INC. & JOHNSON
`MATTHEY PLC’S PETITION FOR INTER PARTES REVIEW
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`Pursuant to 37 C.F.R § 42.64(b), Patent Owner BASF Corporation, hereby
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`objects as follows to the admissibility of evidence with Petitioner
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`Evidence
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`Exhibit 1003
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`Objections
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`FRE 701/702/703: Paragraphs 18-30, 36-44 include opinions
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`that are not admissible under FRE 701, 702, or 703, or Daubert
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`v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993).
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`FRE 801/802: the exhibit includes inadmissible hearsay if
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`offered to prove the truth of any matter allegedly asserted
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`therein.
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`FRE 1006: the exhibit provides an improper summary of the
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`evidence
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`FRE 705/37 C.F.R. § 42.65: the exhibit includes expert
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`testimony that does not disclose the underlying facts or data
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`and improper discussion of patent law.
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`Exhibit 1004
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`FRE 701/702/703: Paragraphs 18-27, 29-39, 41-48, 50-51, 59-
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`64, 67-69 include opinions that are not admissible under FRE
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`701, 702, or 703, or Daubert v. Merrell Dow Pharms., Inc., 509
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`U.S. 579 (1993).
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`FRE 801/802: the exhibit includes inadmissible hearsay if
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`offered to prove the truth of any matter allegedly asserted
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`1
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`Evidence
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`therein.
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`Objections
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`FRE 1006: the exhibit provides an improper summary of the
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`evidence
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`FRE 705/37 C.F.R. § 42.65: the exhibit includes expert
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`testimony that does not disclose the underlying facts or data
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`and improper discussion of patent law.
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`Exhibit 1005
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`FRE 801/802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 805: the exhibit includes improper hearsay within
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`hearsay.
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`FRE 901: Petitioner has not produced evidence sufficient to
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`support a finding that the exhibit is what Petitioner claims it is.
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`Exhibit 1006
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`FRE 801/802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 805: the exhibit includes improper hearsay within
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`hearsay.
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`FRE 901: Petitioner has not produced evidence sufficient to
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`support a finding that the exhibit is what Petitioner claims it is.
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`2
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`Evidence
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`Exhibit 1010
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`Objections
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`FRE 402: the exhibit is not relevant to any ground upon which
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`trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly presenting cumulative evidence.
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`Exhibit 1011
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`FRE 106: the exhibit violates the rule of completeness.
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`Exhibit 1012
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`Lack of Foundation: Petitioner has not provided sufficient
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`explanation of what the exhibit is or what it allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon which
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`trial was instituted.
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`Exhibit 1015
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`FRE 402: the exhibit is not relevant to any ground upon which
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`trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly presenting cumulative evidence.
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`3
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`Evidence
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`Exhibit 1016
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`Objections
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`FRE 801/802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Petitioner has not produced evidence sufficient to
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`support a finding that the exhibit is what Petitioner claims it is.
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`Exhibit 1017
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`FRE 801/802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Petitioner has not produced evidence sufficient to
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`support a finding that the exhibit is what Petitioner claims it is.
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`Respectfully submitted,
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` /
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` Brian E. Ferguson /
`Brian E. Ferguson (Reg. 36,801)
`Lead Counsel for Patent Owner
`Anish R. Desai (Reg. 73,760)
`Backup Counsel
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: (202) 682-7000
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`Date: December 18, 2015
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PATENT OWNER’S
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`OBJECTIONS TO ADMISSIBILITY OF EVIDENCE was served via email
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`on the date below, upon the following:
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`Dorothy P. Whelan
`Gwilym J. Attwell
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR38411-0006IP1@fr.com
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`Dated: December 18, 2015
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`/ Timothy J. Andersen /
`Timothy J. Andersen
`Paralegal
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW
`Suite 900
`Washington, DC 20005
`Phone: (202) 682-7075
`timothy.andersen@weil.com
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`5