`
`______________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`
`
`EMERSON ELECTRIC CO.,
`Petitioner,
`
`v.
`
`SIPCO, LLC,
`Patent Owner.
`
`
`
`______________________
`
`
`
`Case IPR2015-01973
`Patent 8,013,732
`
`_____________________
`
`
`
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`DEMONSTRIATIVE EXHIBITS
`
`
`
`
`
`
`
`IPR2015-01973
`Patent No. 8,013,732
`
`
`Petitioner Emerson Electric Co. hereby makes the following objections to
`
`Patent Owner’s demonstrative exhibits served on October 19, 2016.
`
`Slides page 2 – Objection: Mischaracterization. Bullet 2: the word “remote” is
`
`not stated or implied in the cited section
`
`Slide page 3 – Objection: Argumentative language suggests invention based
`
`on the abstract rather than claims, misquotes the citation, and the introductory
`
`language suggests a broader application than the actual language: “Embodiments
`
`of the present invention are directed to a [system…]”
`
`Slide page 5 – Objection: Mischaracterizes/misquotes language: Bullet 1:
`
`The demonstrative quotes from a section referencing Fig. 3A, which is an
`
`embodiment “worn or carried by a person” (8:19); no mention of “integrated
`
`transceivers.”
`
`Slide page 5 – Objection: Mischaracterizes/misquotes language: Bullet 2:
`
`same problem as Bullet 1 (no reference to integrated transceivers) and the quote
`
`lops off the introduction identifying the actual instrumentality: “The data formatter
`
`324 operates to [format a packet with]…”
`
`Slide page 5 – Objection: Mischaracterizes/misquotes language: Bullet 3:
`
`Argumentative introduction; the real intro to the quoted language is “The data
`
`controller 324 [assembled a packet]…”
`
`1
`
`
`
`Slide page 5 – Objection: Mischaracterizes/misquotes language: Bullet 4:
`
`The quote is misjoined to Bullets 1-3 because it relates to a specific parking lot
`
`embodiment (not, for example, the transmitter worn or carried on a person (bullets
`
`1 and 2).
`
`Slide page 6 – Objection: Bullet 2 is improperly argumentative.
`
`Slide pages 7 through11- Objection: All bullet points are argumentative;
`
`mischaracterize arguments as “issues.”
`
`Slide page 7 - Objection: Misquotes the language of claims 17 and 18 –
`
`adding elements not claimed.
`
`Slide page 8 – Objection: Misquotes the language of claim 29– adding
`
`elements not claimed.
`
`Slide page 9 – Objection: Mischaracterizes the claim language, the
`
`characterizations do not appear in their entirely in any of the independent claims,
`
`for example: none of the independent claims have not the language “its own [ID]”
`
`and independent claim 26 recites very little of the characterized language.
`
`Slide page 10 – Objection: Misquoting claim language, the alleged quote is
`
`not “similarly recited” in claim 29.
`
`Slide page 12 – Objection: Argumentative, mischaracterizes the claims at
`
`issue since it illustrates only one specific “home heating system” embodiment of
`
`the function codes (col. 10, line 47).
`
`2
`
`
`
`Slide pages 14, 15 – Objection: Argumentative and mischaracterizes the
`
`language of claims 17 and 18.
`
`Slide pages 16-17 – Objection: Argumentative/Mischaracterizes the
`
`language of claim 29.
`
`Slide page 18 – Objection: Argumentative, Sub-bullet 1: Mischaracterizes
`
`claim 20, Sub-bullet 2: Mischaracterizes claim 28.
`
`Slide pages 19 through 28 and 32-35 – Objection: Argumentative.
`
`
`
`
`
`Slide page 22 – Additional Objection: Bullet 1: Mischaracterizes the
`
`Respectfully submitted,
`
`/s/ Donald L. Jackson
`Donald L. Jackson (Reg. No. 41,090)
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Tel: 571-765-7700
`Fax: 571-765-7200
`djackson@dbjg.com
`
`
`
`Counsel for Petitioner
`
`
`
`language of the independent claims.
`
`Dated: October 26, 2016
`
`
`
`
`
`3
`
`
`
`IPR2015-01973
`Patent No. 8,013,732
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of “Petitioner’s
`
`Objections to Patent Owner’s Demonstrative Exhibits” has been served on the
`
`Patent Owner’s attorneys via electronic mail on the 26th day of October, 2016 at
`
`the following addresses:
`
`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, VA 22043
`Email: Gonsalves@gonsalveslawfirm.com
`
`James E. Schutz
`Reg. No. 48,658
`Troutman Sanders LLP
`600 Peachtree St., Suite 5200
`Atlanta, GA 30308
`Email: james.shutz@troutmansanders.com
`
`Respectfully submitted,
`
`/s/ Donald L. Jackson
`Donald L. Jackson
`Registration No. 41,090
`Counsel for Petitioner
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