`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`CANON INC.; CANON USA, INC.;
`CANON FINANCIAL SERVICES, INC.; FUJIFILM CORPORATION;
`FUJIFILM HOLDINGS AMERICA CORPORATION;
`FUJIFILM NORTH AMERICA CORPORATION; JVC KENWOOD
`CORPORATION; JVCKENWOOD USA CORPORATION;
`NIKON CORPORATION; NIKON INC.; OLYMPUS CORPORATION;
`OLYMPUS AMERICA INC.; PANASONIC CORPORATION;
`PANASONIC CORPORATION OF NORTH AMERICA;
`SAMSUNG ELECTRONICS CO., LTD., AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`PAPST LICENSING GMBH & CO. KG
`Patent Owner.
`____________________
`
`Case IPR2016-012111
`Patent 8,504,746
`____________________
`
`PAPST LICENSING GMBH & CO. KG’S OBJECTIONS UNDER 37 C.F.R.
`§ 42.64(b)(1) TO EVIDENCE SUBMITTED WITH PETITIONER’S REPLY
`TO PATENT OWNER RESPONSE
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`1 Case IPR2017-00678, filed by LG Electronics, Inc., and Case IPR2017-00710,
`filed by Huawei Device Co., Ltd., have been joined with this proceeding.
`
`
`
`OBJECTION TO EVIDENCE IN IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Papst Licensing
`
`
`
`
`
`
`GmbH & Co. KG (“Papst”) hereby submits these objections to evidence submitted
`
`by Petitioners with Petitioner’s Reply to Patent Owner Response of June 15, 2017.
`
`1.
`
`Papst objects to Exhibit 1215 as untimely. Office Trial Practice Guide,
`
`Section II(I), 77 Fed. Reg. at 48767; 37 CFR 42.23(b). Exhibit 1215 is a
`
`supplemental declaration of expert Dr. Paul Reynolds that includes newly
`
`presented testimony and evidence that has been relied upon in Petitioners’ Reply
`
`(Paper 23) that raise new issues that could have been presented in the original
`
`Corrected Petition (Paper 4) and in Dr. Reynolds’s original declaration (Ex. 1204).
`
`For example, Dr. Reynolds relies upon new evidence (Exs. 1217 and 1218), relies
`
`upon previously uncited portions of submitted evidence (e.g. Ex. 1204C), and
`
`provides new opinions regarding the purported knowledge of a POSITA and
`
`obviousness, including completely new theories related to asynchronous and
`
`overlapped I/O, store and forward data relaying, and purported benefits of file
`
`systems. (Ex. 1215 ¶¶ 2, 3, 5-21.)
`
`2.
`
`Papst objects to Exhibit 1217 as untimely. Office Trial Practice Guide,
`
`Section II(I), 77 Fed. Reg. at 48767; 37 CFR 42.23(b). Exhibit 1217 is a purported
`
`publication entitled “Store and Forward Message Relay Using Microsatellites: The
`
`UOSAT-3 PACSAT Communications payload.” Papst also objects to Exhibit 1217
`
`
`
`2
`
`
`
`
`based on FRE 401/402/403 (relevance) and further objects to the exhibit because
`
`OBJECTION TO EVIDENCE IN IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`Petitioners have not demonstrated that Exhibit 1217 is a printed publication that
`
`was sufficiently accessible to a person of ordinary skill at the time of the invention
`
`of the ‘144 patent. To the extent that Exhibit 1217 is relied upon in support of
`
`Petitioners’ obviousness grounds, such reliance is improper as it was not identified
`
`as forming part of an instituted ground in this proceeding.
`
`3.
`
`Papst objects to Exhibit 1218 as untimely. Office Trial Practice Guide,
`
`Section II(I), 77 Fed. Reg. at 48767; 37 CFR 42.23(b). Exhibit 1218 is an excerpt
`
`of a textbook entitled “Operating System Concepts.” To the extent that it is relied
`
`upon in support of Petitioners’ obviousness grounds, such reliance is improper as it
`
`was not identified as forming part of an instituted ground in this proceeding.
`
`4.
`
`Papst objects to Petitioners’ Reply (Paper 23) to the extent it relies on
`
`new Exhibits 1215, 1217, and 1218 and to the extent it relies on new arguments
`
`that could have been presented in the original Corrected Petition (Paper 4). Office
`
`Trial Practice Guide, Section II(I), 77 Fed. Reg. at 48767; 37 CFR 42.23(b).
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: June 22, 2017
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Nicholas T. Peters /
`Nicholas T. Peters
`Registration No. 53,456
`Lead Counsel for Patent Owner
`ntpete@fitcheven.com
`
`
`
`
`
`3
`
`
`
`
`
`
`OBJECTION TO EVIDENCE IN IPR2016-01211
`U.S. PATENT NO. 8,504,746
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on June 22,
`
`2017, a complete and entire copy of PAPST LICENSING GMBH & CO. KG’S
`
`OBJECTION TO EVIDENCE SUBMITTED WITH PETITIONER’S RESPONSE
`
`has been served in its entirety by e-mail on the following addresses of record for
`
`Petitioner:
`
`PapstPTABPetitioners@Jonesday.com
`
`LG-Papst-IPR@gtlaw.com
`
`finnh@gtlaw.com
`
`girouxj@gtlaw.com
`
`dgarr@cov.com
`
`gdischer@cov.com
`
`Dated: June 22, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`/Nicholas T. Peters/
`Nicholas T. Peters
`Registration No. 53,456
`Lead Counsel for Patent Owner
`ntpete@fitcheven.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
