UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`E. I. DU PONT DE NEMOURS AND COMPANY and
`ARCHER-DANIELS-MIDLAND COMPANY,
`Petitioners,
`
`v.
`
`FURANIX TECHNOLOGIES B.V.,
`Patent Owner
`_________________________
`
`Case IPR2015-01838
`Patent 8,865,921
`_________________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`SUBMITTED BY PETITIONERS
`
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`E. I. DU PONT DE NEMOURS AND COMPANY and
`ARCHER-DANIELS-MIDLAND COMPANY,
`Petitioners,
`
`v.
`
`FURANIX TECHNOLOGIES B.V.,
`Patent Owner
`_________________________
`
`Case IPR2015-01838
`Patent 8,865,921
`_________________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`SUBMITTED BY PETITIONERS
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner, Furanix Technologies
`
`B.V. (“Furanix”) objects to the admissibility of the following exhibits filed by
`
`Petitioners.
`
`In this paper, a reference to “FRE” means the Federal Rules of Evidence, a
`
`reference to “CFR” means the Code of Federal Regulations, and “’921 patent”
`
`means U.S. Patent No. 8,865,921.
`
`Furanix’s objections are as follows:
`
`Exhibit 1002 (WO 01/072732)
`
`Patent Owners object to Exhibit 1002 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1002 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time), at least because the exhibit was already considered by
`
`the patent examiner during the prosecution of the ’921 patent.
`
`Exhibit 1003 (Partenheimer et al.)
`
`Patent Owners object to Exhibit 1003 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1003 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time), at least because the exhibit was already considered by
`
`the patent examiner during the prosecution of the ’921 patent and the grounds on
`
`which the exhibit was submitted have not been instituted.
`
`1
`
`
`
`Exhibit 1004 (U.S. 8,558,018)
`
`Patent Owners object to Exhibit 1004 under FRE 802 (hearsay). Patent
`
`Owner also objects to Exhibit 1004 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time) at least because (i) the document is not relevant to any
`
`issue in this IPR proceeding because the disclosure is not prior art and/or Petitioner
`
`has not met its burden to show the exhibit to be prior art, and (ii) the grounds on
`
`which it was submitted have not been instituted.
`
`Exhibit 1005 (Lewkowski)
`
`Patent Owners object to Exhibit 1005 under FRE 802 (hearsay) and FRE
`
`901 (lacking authentication). Patent Owners object to Exhibit 1005 under FRE 402
`
`(relevance) and FRE 403 (confusing, waste of time). Patent Owners also object to
`
`Exhibit 1005 under FRE 702 (improper expert testimony) and FRE 703 (bases of
`
`expert opinion) because the document is not of a type reasonably relied upon by
`
`experts in the field.
`
`Exhibit 1006 (Oae et al.)
`
`Patent Owners object to Exhibit 1006 under FRE 802 (hearsay). Patent
`
`Owners object to Exhibit 1006 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`2
`
`
`
`Exhibit 1007 (USSR Patent RU-448177A1 and translation)
`
`Patent Owners object to Exhibit 1007 under FRE 802 (hearsay). Patent
`
`Owners object to Exhibit 1007 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owners object under FRE 402 (relevance) and
`
`FRE 403 (confusing, waste of time) to the translation provided as part of the
`
`exhibit to the extent that the translation is not true and accurate.
`
`Exhibit 1008 (U.S. 2008/0103318)
`
`Patent Owners object to Exhibit 1008 under FRE 802 (hearsay). Patent
`
`Owners object to Exhibit 1008 under FRE 402 (relevance), FRE 403 (confusing,
`
`waste of time), and for lack of foundation at least because the document is not
`
`cited or discussed in the Declaration of Dr. Kevin J. Martin (Exhibit 1009).
`
`Exhibit 1009 (Declaration of Dr. Kevin J. Martin)
`
`Patent Owners object to Exhibit 1009 under FRE 802 (hearsay), FRE 702
`
`(improper expert testimony), FRE 703 (bases for expert opinion), and 37 CFR §
`
`42.65 as the testimony is not based on sufficient facts or data, is not the product of
`
`reliable principles and methods, and the principles and methods have not been
`
`reliably applied to the facts of the case.
`
`Patent Owners object to Exhibit 1009 under 35 U.S.C. § 312(a)(3), 37
`
`C.F.R. § 42.65(a) and FRE 702 (improper expert testimony), FRE 402 (relevance),
`
`and FRE 403 (confusing, waste of time) for failing to identify with particularity the
`
`3
`
`
`
`underlying facts and data on which the opinion is based; Exhibit 1009 ¶¶ 19-24,
`
`27-28, 30, 34, 41, 48-54, 56, 58, 61- 66, 70, 72, 73, 77, 87, 93-94, 96 fail to cite
`
`any support at all, include statements that do not cite any support, and/or cite to
`
`entire documents.
`
`Patent Owners also object to Exhibit 1009 ¶¶ 18-19, 26, 29, 31, 38-39, 41,
`
`46-48, 50-52, 54-60, 62, 67, 69, 72, 75-76, 78-83, 85, 92-93, and 95 under FRE
`
`402 (relevance) and FRE 403 (confusing, waste of time), as these paragraphs are
`
`not cited in the Petition.
`
`Patent Owners object to Exhibit 1009 ¶¶ 16, 32, 40, 63, and 77 under FRE
`
`702 (improper expert testimony), FRE 703 (bases of expert opinion), FRE 402
`
`(relevance), and FRE 403 (confusing, waste of time) because Exhibit 1004 is not
`
`prior art and/or neither Dr. Martin nor Petitioner have shown the exhibit to be prior
`
`art.
`
`Exhibit 1010 (Prosecution History of EP Application 2 486 028)
`
`Patent Owners object to Exhibit 1010 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1010 under FRE 402 (relevance), FRE 403
`
`(confusing, waste of time), and for lack of foundation at least because the
`
`document is not relevant to any issue in this proceeding, the document is not prior
`
`art to the ’921 patent, and the document is not cited or discussed in the Declaration
`
`of Dr. Kevin J. Martin (Exhibit 1009).
`
`4
`
`
`
`Exhibit 1012 (Furniss et al. Vogel’s Textbook of Practical Organic Chemistry)
`
`Patent Owners object to Exhibit 1012 under FRE 802 (hearsay). Patent
`
`Owners object to Exhibit 1012 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owners also object to Exhibit 1012 under FRE
`
`702 (improper expert testimony) and FRE 703 (bases of expert opinion) because
`
`the document is not of a type reasonably relied upon by experts in the field and
`
`does not support the proposition for which it is cited.
`
`Exhibit 1013 (U.S. 2,628,249)
`
`Patent Owners object to Exhibit 1013 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1013 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time), at least because the exhibit was already considered by
`
`the patent examiner during prosecution of the’921 patent.
`
`Exhibit 1014 (Kreile et al. and translation)
`
`Patent Owners object to Exhibit 1014 under FRE 802 (hearsay). Patent
`
`Owners object to the exhibit under FRE 604 (interpreter), FRE 901
`
`(authentication), and 37 CFR § 42.63(b) because the translation that forms part of
`
`the exhibit is lacking an oath or affirmation that the translation is true and accurate.
`
`Patent Owners also object to Exhibit 1014 under FRE 402 (relevance), FRE 403
`
`(confusing, waste of time), FRE 702 (improper expert testimony), and for lack of
`
`foundation at least because the document is not relevant to any issue in this
`
`5
`
`
`
`proceeding and the document is not cited or discussed in the Declaration of Dr.
`
`Kevin J. Martin (Exhibit 1009).
`
`Exhibit 1016 (WO 2007/146636)
`
`Patent Owners object to Exhibit 1016 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1016 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`Exhibit 1017 (U.S. 3,071,599)
`
`Patent Owners object to Exhibit 1017 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1017 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time) at least because the document is not cited in the Petition
`
`including by reference to the Declaration of Dr. Kevin J. Martin (Exhibit 1009).
`
`Exhibit 1018 (Kuster)
`
`Patent Owners object to Exhibit 1018 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1018 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`Exhibit 1019 (G.B. Patent No. 621,971)
`
`Patent Owners object to Exhibit 1019 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1019 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`6
`
`
`
`Exhibit 1020 (Claude Moreau et al.)
`
`Patent Owners object to Exhibit 1020 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1020 under FRE 402 (relevance), FRE 403
`
`(confusing, waste of time), and for lack of foundation at least because the
`
`document is not cited in the Petition including by reference to the Declaration of
`
`Dr. Kevin J. Martin (Exhibit 1009).
`
`Exhibit 1021 (McGraw-Hill Encyclopedia of Chemistry)
`
`Patent Owners object to Exhibit 1021 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1021 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owners object to Exhibit 1021 under FRE 702
`
`(improper expert testimony) and FRE 703 (bases of expert opinion) because the
`
`document is not of a type reasonably relied upon by experts in the field.
`
`Exhibit 1022 (U.S. 2009/0156841)
`
`Patent Owners object to Exhibit 1022 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1022 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time), at least because the exhibit was already considered by
`
`the patent examiner during the prosecution of the ’921 patent.
`
`7
`
`
`
`Exhibit 1023 (U.S. 4,792,621)
`
`Patent Owners object to Exhibit 1023 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1023 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`Exhibit 1024 (Hawley’s Condensed Chemical Dictionary)
`
`Patent Owners object to Exhibit 1024 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1024 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owners object to Exhibit 1024 under FRE 702
`
`(improper expert testimony) and FRE 703 (bases of expert opinion) because the
`
`document is not of a type reasonably relied upon by experts in the field.
`
`Exhibit 1025 (U.S. 5,099,064)
`
`Patent Owners object to Exhibit 1025 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1025 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time).
`
`Exhibit 1026 (Kirk-Othmer Encyclopedia of Chemical Terminology)
`
`Patent Owners object to Exhibit 1026 under FRE 802 (hearsay). Patent
`
`Owners also object to Exhibit 1026 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owners object to Exhibit 1026 under FRE 702
`
`(improper expert testimony) and FRE 703 (bases of expert opinion) because the
`
`document is not of a type reasonably relied upon by experts in the field. Patent
`
`8
`
`
`
`Owners object to Exhibit 1026 under FRE 106 (completeness), as the document is
`
`incomplete and includes only a select portion of a larger document that in fairness
`
`ought to be considered in connection with the exhibit.
`
`Dated: March 23, 2016
`
`Respectfully submitted,
`
`/ Paul M. Richter /
`Paul M. Richter
`Reg. No. 36,254
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
`
`Counsel for Patent Owner Furanix
`Technologies B.V.
`
`9
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing “PATENT OWNER’S
`
`OBJECTIONS TO EVIDENCE SUBMITTED BY PETITIONERS” was served
`
`Jonathan W. S. England
`Reg. No. 71,223
`BLANK ROME LLP
`1825 Eye Street NW
`Washington, DC 20006
`Tel (202) 420-2747
`Fax (202) 420-2201
`jwengland@blankrome.com
`
`via email as follows:
`
`Michael S. Marcus
`BLANK ROME LLP
`1825 Eye Street NW
`Washington, DC 20006
`Tel (202) 420-3702
`Fax (202) 420-2201
`mmarcus@blankrome.com
`
`Dipu A. Doshi
`Reg. No. 60,373
`BLANK ROME LLP
`1825 Eye Street NW
`Washington, DC 20006
`Tel (202) 420-2604
`Fax (202) 420-2201
`ddoshi@blankrome.com
`
`Dated: March 23, 2016
`
`/ Paul M. Richter /
`Paul M. Richter
`
`Counsel for Patent Owner Furanix
`Technologies B.V.
`
`10
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