Paper No.
`Filed: November 10, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GENERAL ELECTRIC COMPANY,
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORPORATION,
`Patent Owner
`
`
`
`
`
`Case IPR2016-00952
`Patent No. 9,121,412
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EXHIBITS
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`
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`Filed: November 10, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GENERAL ELECTRIC COMPANY,
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORPORATION,
`Patent Owner
`
`
`
`
`
`Case IPR2016-00952
`Patent No. 9,121,412
`
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EXHIBITS
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00952
`Patent 9,121,412
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner submits the following
`
`objections to certain exhibits submitted by Petitioner. Patent Owner’s objections
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`apply equally to Petitioner’s reliance on these exhibits in any subsequently-filed
`
`documents. These objections are timely, having been served within ten business
`
`days of the Board’s decision to institute a trial in this proceeding. Patent Owner
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`objects to the following exhibits:
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`GE-1003 Declaration of Reza Abhari, Ph.D.
`
`GE-1004 Curriculum Vitae of Reza Abhari
`
`GE-1005 D.G.M. Davies, et al., A Variable Pitch Fan for an Ultra Quiet
`Demonstrator Engine
`GE-1006 Pete Middleton, 614: VFW’s Jet Feedliner, Flight International
`
`GE-1008 NASA SP-7037 (92), A Cumulative Index to the 1977 Issues of
`Aeronautical Engineering: A Special Bibliography
`John W. Schaefer et al., Dynamics of High-Bypass-Engine Thrust
`Reversal Using A Variable-Pitch Fan
`GE-1010 NASA Technical Reports Server (NTRS) Record Details
`
`GE-1009
`
`GE-1011 William S. Willis, Quiet Clean Short-Haul Experimental Engine
`(QCSEE) Final Report
`GE-1012 Bill Sweetman et al., Pratt & Whitney’s surprise leap, INTERAVIA
`
`GE-1013 Gerald Brines, The Turbofan of Tomorrow, Mechanical Engineering
`
`Jack D. Mattingly, Elements of Gas Turbine
`Propulsion
`GE-1015 Bill Gunston, Pratt & Whitney PW8000, Jane’s Aero-Engines Issue
`Seven
`GE-1016 Bruce E. Wendus et al., Follow-On Technology Requirement Study
`for Advanced Subsonic Transport
`
`GE-1014
`
`1
`
`
`
`GE-1017 Richard Whitaker, ALF502: plugging the turbofan gap, Flight
`International
`GE-1018 About NASA Technical Reports Server (www.sti.nasa.gov/find-sti)
`
`Case IPR2016-00952
`Patent 9,121,412
`
`
`GE-1019 University of California at Davis MARC record
`
`GE-1020 NASA Technical Reports Server Record Details
`
`GE-1021 U.S. 5,141,400 to Murphy et al
`
`GE-1022 S.A. Savelle et al., Application of Transient and Dynamic
`Simulations to the U.S. Army T55-L-712 Helicopter Engine
`GE-1023 A Summary of Commonly Used MARC 21 Authority Fields, MARC 21
`REFERENCE MATERIALS
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`
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`GE-1003 and 1004
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`Patent Owner objects to GE-1003 and 1004 under Federal Rules of Evidence
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`(“FRE”) 401-403 as prejudicial, confusing, or a waste of time. Patent Owner also
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`objects to GE-1003 under FRE 702 because opinions contained therein are
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`conclusory and lack sufficient explanation. The opinions are not based on
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`sufficient facts or data and are not the product of reliable principles and methods
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`reliably applied to the facts of the case. See 37 C.F.R. § 42.65. Until Petitioner
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`provides the declarant for cross-examination, GE-1003 and 1004 are inadmissible
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`hearsay.
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`2
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`
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`GE-1005, 1006, 1008-1013, 1015-1020, 1022, and 1023
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`Case IPR2016-00952
`Patent 9,121,412
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`
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`Patent Owner objects to GE-1005, 1006, 1008-1013, 1015-1020, 1022, and
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`1023 under FRE 901. Petitioner has not submitted evidence to authenticate these
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`exhibits or to otherwise establish that they are what Petitioner claims them to be.
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`Additionally, to the extent Petitioner relies on any one of GE-1005, 1006, 1008-
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`1013, 1015-1020, 1022, and 1023 for the truth of matters they assert, including,
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`without limitation, alleged publication or purported publication dates, Patent
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`Owner objects to them as inadmissible hearsay. FRE 802.
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`GE-1008 and 1010-1023
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`Patent Owner objects to GE-1008 and 1010-1023 under FRE 401-403 as
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`irrelevant or, in the alternative, prejudicial, confusing, and a waste of time.
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`Petitioner expressly states that GE-1005, 1006, and 1009 are bases for “statutory
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`grounds for the challenges” and alleges no other prior art references in the grounds
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`submitted. See Petition at 13. It follows that the Petition does not contend that GE-
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`1008 and 1010-1023 are part of any challenge to the claims or contend that the
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`claimed subject matter is disclosed anywhere in the exhibits. See 35 U.S.C.
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`§ 312(a)(3); 37 C.F.R. § 42.6(a)(3); 37 C.F.R. § 42.104(b)(4); 37 C.F.R.
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`§ 42.104(b)(5).
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`3
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`Case IPR2016-00952
`Patent 9,121,412
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`Patent Owner also objects to GE-1008, 1010, 1015, and 1017 because the
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`Petition never cites the exhibit. It is irrelevant or, in the alternative, prejudicial,
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`confusing, and a waste of time.
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`For GE-1011, 1013, 1014, 1016, 1018, and 1021-1023, the Petition cites
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`only small portions of those exhibits. For example, GE-1011 is a 312-page
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`document, but Petitioner cites only a single figure and a few sentences of this
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`exhibit as background discussion outside of its challenges. Petitioner has not
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`demonstrated this exhibit’s relevance to this proceeding, and even if some portions
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`were deemed relevant, most of the exhibit is uncited and irrelevant or, in the
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`alternative, prejudicial, confusing, and a waste of time. FRE 401-403.
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`
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`Respectfully submitted,
`
`By: /M. Andrew Holtman/
`M. Andrew Holtman
`Reg. No. 53,032
`
`Lead Counsel for Patent Owner
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`Dated: November 10, 2016
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`4
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`CERTIFICATE OF SERVICE
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`Case IPR2016-00952
`Patent 9,121,412
`
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`The undersigned hereby certifies that a copy of the foregoing PATENT
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`OWNER’S OBJECTIONS TO PETITIONER’S EXHIBITS was served
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`electronically on November 10, 2016, on counsel of record for the Petitioner as
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`follows:
`
`Brian E. Ferguson
`Anish Desai
`Christopher Pepe
`Weil, Gotshal & Manges LLP
`1300 Eye Street, N.W., Suite 900
`Washington, D.C. 20005
`GE.WGM.Service@weil.com
`
`By: /M. Andrew Holtman/
`M. Andrew Holtman
`Reg. No. 53,032
`
`Lead Counsel for Patent Owner
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`
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`Dated: November 10, 2016
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