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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GENERAL ELECTRIC CO.,
`Petitioner,
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`v.
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`UNITED TECHNOLOGIES CORP.,
`Patent Owner.
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`Case No. IPR2016-00952
`U.S. Patent No. 9,121,412
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`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PATENT OWNER UNITED TECHNOLOGIES CORP.’S
`RESPONSE TO PETITION FOR INTER PARTES REVIEW
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`Pursuant to 37 C.F.R. § 42.64(b), Petitioner General Electric Co., hereby
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`objects as follows to the admissibility of evidence with Patent Owner United
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`Technologies Corp.’s Response to Petition for Inter Partes review of U.S. Patent
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`No. 9,121,412 (IPR2016-00952).
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`Evidence
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`Objections
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`UTC-2012
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2013
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`Petitioner maintains its objections made during the
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`deposition of Reza Abhari.
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`FRE 402: the exhibit is not relevant to any ground upon
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`1
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`Evidence
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`Objections
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`UTC-2014
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`2
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`Evidence
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`Objections
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`UTC-2015
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`FRE 403: The probative value of Paragraphs 17-110 to any
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`ground upon which trial was instituted is substantially
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`outweighed by the danger of unfair prejudice, confusing the
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`issues, undue delay, wasting time, or needlessly cumulative
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`evidence.
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`FRE 602: Paragraphs 7 and 17-110 of the exhibit include
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`assertions for which evidence has not been introduced
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`sufficient to show that the witness has personal knowledge of
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`the matters asserted.
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`FRE 701/702/703: Paragraphs 17-110 of the exhibit include
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`opinions that are not admissible under FRE 701, 702, or 703,
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`or Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579
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`(1993).
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`FRE 1006: Exhibit provides an improper summary of the
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`evidence.
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`FRE 705 / 37 C.F.R. § 42.65: Exhibit includes expert
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`testimony that does not disclose the underlying facts or data.
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`UTC-2016
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`3
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`Evidence
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`Objections
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`allegedly shows.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2017
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`4
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`Evidence
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`Objections
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2018
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2019
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`5
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`Evidence
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`Objections
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2020
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`6
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`Evidence
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`Objections
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2021
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2022
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`7
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`Evidence
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`Objections
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2023
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`8
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`Evidence
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`Objections
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2024
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`9
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`Evidence
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`Objections
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2025
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`Lack of Foundation: Patent Owner has not provided
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`sufficient explanation of what the exhibit is or what it
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`allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 901: Patent Owner has not produced evidence sufficient
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`to support a finding that the exhibit is what Patent Owner
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`claims it is.
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`UTC-2026
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`FRE 402: the exhibit is not relevant to any ground upon
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`10
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`Evidence
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`Objections
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`which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`Respectfully submitted,
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`/Anish Desai/
`Brian E. Ferguson (Reg No. 36,801)
`Anish R. Desai (Reg. No. 73,760)
`Christopher Pepe (Reg. No. 73,851)
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`GE.WGM.Service@weil.com
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`Dated: February 3, 2017
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on February 3, 2017, the foregoing
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`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
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`SERVED WITH PATENT OWNER UNITED TECHNOLOGIES CORP.’S
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`RESPONSE TO PETITION FOR INTER PARTES REVIEW was served via
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`electronic mail, upon the following:
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`M. Andrew Holtman
`Jeffrey C. Totten
`Patrick J. Coyne
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`901 New York Avenue NW
`Washington, D.C. 20001
`UTC-IPR@finnegan.com
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`James D. Stein
`Jason E. Stach
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P
`271 17th Street, NW, Suite 1400
`Atlanta, GA 30363
`UTC-IPR@finnegan.com
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`Daniel C. Cooley
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P
`11955 Freedom Drive
`Reston, VA 20190
`UTC-IPR@finnegan.com
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`/Timothy J. Andersen/ c
`Timothy J. Andersen
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`timothy.andersen@weil.com
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