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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`
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`SONY CORPORATION,
`Petitioner
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner
`_______________
`
`Case IPR2016-00209
`
`Patent 5,591,678
`_______________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EXHIBITS
`SERVED WITH ITS REPLY
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`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner Raytheon Company
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`(“Raytheon”) files these objections with the Board. Raytheon objects to the
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`admissibility of certain exhibits served with Sony Corporation’s (“Sony”)
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`Petitioner Reply to Patent Owner’s Response served on August 19, 2016. These
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`objections are based on the Federal Rules of Evidence and the Board Rules, as set
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`forth with particularity below.
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`Exhibit
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`Title Document
`
`Objections
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`Ex. 1019 Deposition Transcript of
`Dr. Eugene A. Fitzgerald
`(August 12, 2016)
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`Ex. 1020 Deposition Transcript of
`Dr. Eugene A. Fitzgerald
`(May 6, 2016)
`
`FRE 401/402:
`Patent Owner objects to Petitioner’s use
`of this exhibit in Petitioner’s Reply to the
`extent it cites a portion of the transcript
`that is irrelevant in that it neither has a
`tendency to make a fact more or less
`probable than it would be without the
`evidence nor is it of consequence to the
`Board’s determination. Specifically, Dr.
`Fitzgerald’s testimony regarding the
`meaning of claim terms is irrelevant to
`their intrinsic meaning (see e.g. Ex. 1019
`at p.15, l.22 to p.19, l.10.)
`FRE 106:
`Patent Owner objects to Petitioner’s use
`of this exhibit to the extent it is not
`complete. Specifically, Petitioner
`includes Dr. Fitzgerald’s deposition
`transcript from IPR2015-01201 without
`including his declaration from that case,
`which ought in fairness to be considered
`contemporaneously with the transcript.
`(See IPR2015-01201, Exs. 2019 and
`2019S.) The testimony is incomplete
`without Dr. Fitzgerald’s declaration,
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`
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`
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`Ex. 1021 Deposition Transcript of
`Dr. John Drab (August 10,
`2016)
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`which is referenced throughout the
`deposition transcript.
`FRE 106:
`Patent Owner objects to Petitioner’s use
`of this exhibit to the extent it is not
`complete. Specifically, Petitioner
`questioned the witness about certain
`documents and the witness answered by
`referring to the documents (see e.g. Ex.
`1021 at p.48, l.16 to p.56, l.2). The
`transcript is incomplete without all
`exhibits used at the deposition in the
`record.
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`
`
`Respectfully submitted
`
`
` /Thomas J. Filarski/
` Thomas J. Filarski
`REG. NO. 31,612
`tfilarski@steptoe.com
`John L. Abramic
`REG. NO. 51,031
`jabramic@steptoe.com
`Daniel S. Stringfield
`REG. NO. 68,677
`dstringfield@steptoe.com
`Brian Fahrenbach
`REG. NO. 72,603
`bfahrenbach@steptoe.com
` STEPTOE & JOHNSON, LLP
`115 S. LaSalle Street, Suite 3100
`Chicago, IL 60603
`TELEPHONE: 312-577-1300
`FACSIMILE: 312-577-1370
`
`David L. Hecht
`REG. NO. 61,618
`dhecht@steptoe.com
`STEPTOE & JOHNSON, LLP
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`
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`Date: August 26, 2016
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`1114 Avenue of the Americas
`New York, NY 10036
`TELEPHONE: 212-506-3905
`FACSIMILE: 212-506-3950
`
` Counsel for Raytheon Company
`
`
`
`
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`
`
`Customer Number: 27890
`STEPTOE & JOHNSON LLP
`115 S. LaSalle Street
`Chicago, IL 60603
`TELEPHONE: (312) 577-1252
`FACSIMILE: (312) 577-1370
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`CERTIFICATE OF SERVICE
`
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`The undersigned hereby certifies that a copy of the foregoing Objections, were
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`served in their entirety on August 26, 2016 by filing this document through the
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`Patent Review Processing System as well as by delivering a copy via electronic
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`email to the attorneys of record for the Petitioner as follows:
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`Matthew A. Smith
`Jennifer Seraphine
`Jacob Zweig
`TURNER BOYD LLP
`702 Marshall St., Ste. 640
`Redwood City, CA 94063
`smith@turnerboyd.com
`jseraphine@turnerboyd.com
`zweig@turnerboyd.com
`
` Robert Hails
`T. Cy Walker
`Baker Hostetler LLP
`1050 Connecticut Ave, NW, Ste. 1100
`Washington, DC 20036-5304
`rhails@bakerlaw.com
`cwalker@bakerlaw.com
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`
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`
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`Date: August 26, 2016
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`
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`By: /Thomas J. Filarski/
`
`Thomas J. Filarski
`
`
`Counsel for Raytheon Company
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