UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner
`_____________
`
`Cases IPR2015-01300 and
`IPR2015-01303
`Patent No. 7,435,982
`_____________
`
`
`PATENT OWNER’S OBJECTION TO EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64(b)(1)
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`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner
`_____________
`
`Cases IPR2015-01300 and
`IPR2015-01303
`Patent No. 7,435,982
`_____________
`
`
`PATENT OWNER’S OBJECTION TO EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64(b)(1)
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`
`
`
`
`
`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Energetiq Technology,
`
`Inc. objects to the admissibility of Petitioner’s Exhibit 1002 and 1102. The bases
`
`of the objection are:
`
`a. The exhibits are incomplete and may result in unfair prejudice, confusing the
`
`issues, misleading the factfinder, undue delay, and/or wasting time under
`
`Fed. R. Evid. 403.
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`b. The exhibits are hearsay under Fed. R. Evid. 802.
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`c. The exhibits are not authenticated under Fed. R. Evid. 901.
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`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1004
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`and 1104 (“Gӓrtner”). The bases of the objection are:
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`a. The English Translations in these exhibits are inaccurate and may result in
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`unfair prejudice, confusing the issues and/or misleading the factfinder under
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`Fed. R. Evid. 403.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1005
`
`and 1105. The bases of the objection are:
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`a. The exhibits are hearsay under Fed. R. Evid. 801 and inadmissible under
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`Fed. R. Evid. 802.
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`b. The exhibits are not authenticated under Fed. R. Evid. 901.
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`2
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`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
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`c. There is no admissible evidence regarding the date or the manner in which
`
`the exhibits were made available to the public, if ever, and therefore do not
`
`constitute prior art.
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`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1006
`
`and 1106. The bases of the objection are:
`
`a. The exhibits are hearsay under Fed. R. Evid. 801 and inadmissible under
`
`Fed. R. Evid. 802.
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`b. The exhibits are not authenticated under Fed. R. Evid. 901.
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`c. There is no admissible evidence regarding the date or the manner in which
`
`the exhibits were made available to the public, if ever, and therefore do not
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`constitute prior art.
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`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1008
`
`and 1108. The bases of the objection are:
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`a. The exhibits are hearsay under Fed. R. Evid. 801 and inadmissible under
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`Fed. R. Evid. 802.
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`b. The exhibits are not authenticated under Fed. R. Evid. 901.
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`3
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`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1009
`
`and 1109. The bases of the objection are:
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`a. The exhibits are hearsay under Fed. R. Evid. 801 and inadmissible under
`
`Fed. R. Evid. 802.
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`b. The exhibits are not authenticated under Fed. R. Evid. 901.
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`c. There is no admissible evidence regarding the date or the manner in which
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`the exhibits were made available to the public, if ever, and therefore do not
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`constitute prior art.
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`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1011
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`and 1111. The bases of the objection are:
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`a. The exhibits are redacted and incomplete, which may result in unfair
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`prejudice, confusing the issues, and/or misleading the factfinder under Fed.
`
`R. Evid. 403.
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`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1012
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`and 1112. The bases of the objection are:
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`a. The exhibits are redacted and incomplete, which may result in unfair
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`prejudice, confusing the issues, and/or misleading the factfinder under Fed.
`
`R. Evid. 403.
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`4
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`
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`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1013
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`and 1113. The bases of the objection are:
`
`a. The exhibits are redacted and incomplete, which may result in unfair
`
`prejudice, confusing the issues, and/or misleading the factfinder under Fed.
`
`R. Evid. 403.
`
`
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1014
`
`and 1114. The bases of the objection are:
`
`a. The exhibits are hearsay under Fed. R. Evid. 801 and inadmissible under
`
`Fed. R. Evid. 802.
`
`b. The exhibits are not authenticated under Fed. R. Evid. 901.
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`c. There is no admissible evidence regarding the date or the manner in which
`
`the exhibits were made available to the public, if ever, and therefore do not
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`constitute prior art.
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`
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`This objection is made within 10 business days from the November 30, 2015
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`institution of trial. Patent Owner expressly reserves the right to file a motion to
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`exclude portions of, or the entirety of, the exhibits referenced herein.
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`5
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`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
`
`
`
`Respectfully submitted,
`PROSKAUER ROSE LLP
`
`/ Joseph A. Capraro Jr. Reg. No. 36,471 /
`Joseph A. Capraro Jr., Reg. No. 36,471
`Attorney for Patent Owner
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`6
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`Date: December 14, 2015
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
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`
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`IPR2015-01300 and IPR2015-01303
`Patent No. 7,435,982
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on December 14, 2015 the above PATENT
`
`OWNER’S OBJECTION TO EVIDENCE PURSUANT TO 37 C.F.R. §
`
`42.64(b)(1) was served pursuant to 37 C.F.R. § 42.6 electronically on Petitioner
`
`(by consent of the parties) to the following email addresses:
`
`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
`
`
`
`
`/ Fabio E. Tarud /
`Fabio E. Tarud
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`Date: December 14, 2015
`PROSKAUER ROSE LLP
`11 Times Square
`New York, NY 10036
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`
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`
`7
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