Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner.
`
`___________________
`
`Case IPR2016-00596
`Patent 7,134,505
`___________________
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`OBJECTIONS TO PETITIONERS’ EVIDENCE PURSUANT
`TO 37 C.F.R. §42.64(b)(1)
`
`
`
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner.
`
`___________________
`
`Case IPR2016-00596
`Patent 7,134,505
`___________________
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`OBJECTIONS TO PETITIONERS’ EVIDENCE PURSUANT
`TO 37 C.F.R. §42.64(b)(1)
`
`
`
`
`
`
`
`
`Case IPR2016-00596
`U.S. Patent No. 7,134,505
`Under the Federal Rules of Evidence and 37 C.F.R. § 42.64, Exclusive
`
`
`
`Licensee Rapid Completions LLC timely objects to evidence submitted with the
`
`Petitioners’ Replacement Petition for Inter Partes Review (Paper 10) filed May 3,
`
`2016. Rapid Completions serves Petitioners with these objections to provide notice
`
`that Rapid Completions may move to exclude the challenged exhibits under 37
`
`C.F.R. § 42.64(c) unless Petitioners cure the defects associated with the challenged
`
`exhibits identified below.
`
`Exhibit 1007—Daneshy Declaration
`
`Rapid Completions objects to the Daneshy Declaration under FRE 703 as
`
`relying on improper evidence under FRE 401–403, 801, and 901—as the
`
`prejudicial effect of this evidence outweighs any probative value that it may have.
`
`E.g., Daneshy Decl. ¶¶ 39, 46, 49–51, 67–75, 78–83, 85–89 (citing Thomson); ¶¶
`
`29, 33, 41, 42, 46, 47, 49, 51, 65, 75 (citing Ellsworth); and ¶ 80 (citing Lagrone
`
`and Eberhard). The following paragraphs provide specific objections to at least one
`
`of the documents that the declarant references in his declaration, and to the extent
`
`the declaration relies on these inadmissible documents, Rapid Completions objects
`
`to the declarant's testimony for the same reasons.
`
`Exhibit 1002—Thomson
`
`To the extent Petitioners rely on the contents of this document for the truth
`
`of the matter asserted (for example, to establish public accessibility as a printed
`
`publication), Rapid Completions objects to such contents as inadmissible hearsay
`
`- 1 -
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`
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`Case IPR2016-00596
`U.S. Patent No. 7,134,505
`under FRE 801 and 802 that does not fall under any exceptions, including those of
`
`
`
`FRE 803, 804, 805, or 807.
`
`Rapid Completions also objects
`
`to
`
`this document as not properly
`
`authenticated under FRE 901 because Petitioners have not presented any evidence
`
`that the document is authentic nor that the document is self-authenticating under
`
`FRE 902.
`
`And Rapid Completions objects to this document as irrelevant under FRE
`
`401 and thus inadmissible under FRE 402, or as confusing or a waste of time under
`
`FRE 403 because this document is inadmissible under FRE 801, 802, and 901 as
`
`explained above.
`
`Exhibit 1004—Ellsworth
`
`To the extent Petitioners rely on the contents of this document for the truth
`
`of the matter asserted (for example, to establish public accessibility as a printed
`
`publication), Rapid Completions objects to such contents as inadmissible hearsay
`
`under FRE 801 and 802 that does not fall under any exceptions, including those of
`
`FRE 803, 804, 805, or 807.
`
`Rapid Completions also objects
`
`to
`
`this document as not properly
`
`authenticated under FRE 901 because Petitioners have not presented sufficient
`
`evidence that the document is authentic nor that the document is self-authenticating
`
`under FRE 902.
`
`
`
`- 2 -
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`Case IPR2016-00596
`U.S. Patent No. 7,134,505
`And Rapid Completions objects to this document as irrelevant under FRE
`
`
`
`401 and thus inadmissible under FRE 402, or as confusing or a waste of time under
`
`FRE 403 because this document is inadmissible under FRE 801, 802, and 901 as
`
`explained above.
`
`Exhibit 1017—Lagrone
`
`To the extent Petitioners rely on the contents of this document for the truth
`
`of the matter asserted (for example, to establish public accessibility as a printed
`
`publication), Rapid Completions objects to such contents as inadmissible hearsay
`
`under FRE 801 and 802 that does not fall under any exceptions, including those of
`
`FRE 803, 804, 805, or 807.
`
`Rapid Completions also objects
`
`to
`
`this document as not properly
`
`authenticated under FRE 901 because Petitioners have not presented any evidence
`
`that the document is authentic nor that the document is self-authenticating under
`
`FRE 902.
`
`And Rapid Completions objects to this document as irrelevant under FRE
`
`401 and thus inadmissible under FRE 402, or as confusing or a waste of time under
`
`FRE 403 because this document is inadmissible under FRE 801, 802, and 901 as
`
`explained above.
`
`Exhibit 1018—Eberhard
`
`To the extent Petitioners rely on the contents of this document for the truth
`
`of the matter asserted (for example, to establish public accessibility as a printed
`
`- 3 -
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`
`
`
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`Case IPR2016-00596
`U.S. Patent No. 7,134,505
`publication), Rapid Completions objects to such contents as inadmissible hearsay
`
`
`
`under FRE 801 and 802 that does not fall under any exceptions, including those of
`
`FRE 803, 804, 805, or 807.
`
`Rapid Completions also objects
`
`to
`
`this document as not properly
`
`authenticated under FRE 901 because Petitioners have not presented any evidence
`
`that the document is authentic nor that the document is self-authenticating under
`
`FRE 902.
`
`And Rapid Completions objects to this document as irrelevant under FRE
`
`401 and thus inadmissible under FRE 402, or as confusing or a waste of time under
`
`FRE 403 because this document is inadmissible under FRE 801, 802, and 901 as
`
`explained above.
`
`
`
`
`
`Date: 9/8/2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michael B. Ray/
`Michael B. Ray
`Registration No. 33,997
`Attorney for Exclusive Licensee
`
`
`
`- 4 -
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`
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`Case IPR2016-00596
`U.S. Patent No. 7,134,505
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing EXCLUSIVE
`
`
`
`LICENSEE RAPID COMPLETIONS LLC’S OBJECTIONS TO
`
`PETITIONERS’ EVIDENCE PURSUANT TO 37 C.F.R. §42.64(b)(1) was
`
`served electronically via e-mail on September 8, 2016, in their entirety on the
`
`following counsel of record for Petitioner:
`
`Mark T. Garrett (Lead Counsel)
`Eagle H. Robinson (Back-up Counsel)
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michael B. Ray/
`
`Michael B. Ray
`Registration No. 33,997
`Attorney for Exclusive Licensee
`
`
`
`Date: 9/8/2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`- 5 -
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