`_________________________
`
`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 SECOND 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 1027 (U.S. 8,558,018)
`
`Patent Owner objects to Exhibit 1027 under FRE 802 (hearsay). Patent
`
`Owner also objects to Exhibit 1027 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 U.S. 8,558,018 to be prior art, and (ii) the grounds
`
`on which U.S. 8,558,018 was submitted have not been instituted.
`
`Exhibit 1028 (Kreile et al., translation, and Certification of Donald W.
`Hanley)
`
`Patent Owner objects to Exhibit 1028 under FRE 802 (hearsay). Patent
`
`Owner objects 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 a proper oath or affirmation that the translation is true and
`1
`
`
`
`accurate. Patent Owner further objects to the certification provided as part of
`
`Exhibit 1028 under FRE 602 (lacking personal knowledge). Patent Owner also
`
`objects to Exhibit 1028 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 proceeding and the
`
`document (and the related Exhibit 1014) is not cited or discussed in the Declaration
`
`of Dr. Kevin J. Martin (Exhibit 1009).
`
`Exhibit 1029 (Kirk-Othmer Encyclopedia of Chemical Terminology)
`
`Patent Owner objects to Exhibit 1029 under FRE 802 (hearsay). Patent
`
`Owner also objects to Exhibit 1029 under FRE 402 (relevance) and FRE 403
`
`(confusing, waste of time). Patent Owner objects to Exhibit 1029 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 1030 (Lewkowski and Declaration of Eric Scriven)
`
`Patent Owner objects to Exhibit 1030 under FRE 802 (hearsay) and FRE
`
`901 (lacking authentication). Patent Owner objects to Exhibit 1030 under FRE 402
`
`(relevance) and FRE 403 (confusing, waste of time). Patent Owner also objects to
`
`Exhibit 1030 under FRE 702 (improper expert testimony) and FRE 703 (bases of
`
`2
`
`
`
`expert opinion) because the document is not of a type reasonably relied upon by
`
`experts in the field.
`
`Dated: April 13, 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.
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing “PATENT OWNER’S
`
`SECOND OBJECTIONS TO EVIDENCE SUBMITTED BY PETITIONERS”
`
`was served via email as follows:
`
`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
`
`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: April 13, 2016
`
`/ Paul M. Richter /
`Paul M. Richter
`
`Counsel for Patent Owner Furanix
`Technologies B.V.
`
`4
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