`IPR2016-01213
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JVC KENWOOD Corporation, et al.
`Petitioners
`
`v.
`
`PAPST LICENSING GMBH & CO., KG
`Patent Owner
`
`_______________
`
`CASE: IPR2016-01213
`Patent No. 8,504,746
`_______________
`
`
`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO EVIDENCE SUBMITTED WITH PATENT OWNER RESPONSE
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`IPR2016-01213
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners JVC Kenwood Corporation,
`
`et al. (Petitioners) hereby serve these objections to evidence submitted by Patent
`
`Owner Papst Licensing GmbH & Co. KG (“Papst”) with Papst’s Patent Owner
`
`Response in the above noted case. This notice is being timely filed within 5
`
`business days of service of the Patent Owner Response (March 15, 2017).
`
`1.
`
`Exhibit 2006, Appendix B
`
`Petitioners object to the admissibility of Appendix B under FRE 901, 802,
`
`401/402, 403, 602/703. Specifically:
`
` FRE 901, Lack of Authenticity: This exhibit purports to be a “Timeline of
`
`Important Events” with links supposedly supporting the events listed in the
`
`timeline. Patent Owner has not provided any evidence sufficient to
`
`authenticate this exhibit or the publications identified in the hyperlinks for
`
`certain events. When offering a printout of a webpage into evidence to
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`prove the website’s contents, the proponent of the evidence must
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`authenticate the information from the website itself, not merely the printout.
`
`Neste Oil Oyj v. REG Synthetic Fuels, LLC, IPR2013-00578, Paper 53
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`(P.T.A.B. March 12, 2015). None of these publications appear to be self-
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`authenticating under FRE 902. Therefore, the exhibit is inadmissible under
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`FRE 901.
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`
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`2
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`IPR2016-01213
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` FRE 802, Hearsay: The exhibit and publications cited therein are
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`inadmissible hearsay because Patent Owner offers it to prove the truth of the
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`matter asserted, and this exhibit does not fall within any hearsay exception.
`
` FRE 401/402, Lack of Relevance: The exhibit is cited once in the
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`supporting expert declaration of Patent Owner without any explanation tying
`
`this appendix to the opinions of Patent Owner’s expert regarding the issues
`
`in this trial.
`
` FRE 403, Prejudicial, Confusing, Misleading: This exhibit purports to be
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`a “timeline of important events,” but arbitrarily identifies certain events, in
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`some cases without dates, provides no admissible evidentiary support for the
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`timing and description of the events, or an explanation why the events are
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`important and relevant to the issues in this trial.
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` FRE 602/703, Lacking foundation, assumes facts not in evidence,
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`contains statements as to which the witness lacks personal knowledge,
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`conclusory, and containing testimony concerning documents for which
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`authentication required by FRE 901 is lacking. The Patent Owner has
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`not provided testimony from a witness having personal knowledge of the
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`statements made in this exhibit. The exhibit also makes statements that
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`either have no supporting evidence or rely on unauthenticated webpage
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`publications.
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`
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`3
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`
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`Dated: March 22, 2017
`
`Respectfully submitted,
`
`
`
`IPR2016-01213
`
`
`
`
`
`/s/ Gregory S. Cordrey
`
`
`
`Gregory S. Cordrey (Reg. No. 44,089)
`Lead Counsel for Petitioner
`Jeffer Mangels Butler & Mitchell LLP
`3 Park Plaza, Suite 1100
`Irvine, CA 92614
`Tel: (949) 623-7236
`Fax: (888) 712-3345
`gxc@jmbm.com
`
`T. Vann Pearce, Jr. (Reg. No. 58,945)
`Back Up Counsel for Petitioner
`Orrick, Herrington & Sutcliffe
`1152 15th St. NW
`Washington, DC 20005
`Tel: (202) 339-8400
`TVPPTABDocket@orrick.com
`
`
`Christopher J. Higgins (Reg. No.
`66,422)
`Back Up Counsel for Petitioner
`Orrick, Herrington & Sutcliffe
`1152 15th St. NW
`Washington, DC 20005
`Tel: (202) 339-8400
`0CHPTABDocket@orrick.com
`
`
`David M. Maiorana (Reg. No. 41,449)
`Back Up Counsel for Petitioner
`Joes Day
`901 Lakeside Avenue
`Cleveland, OH 44114
`Tel: (216) 586-7499
`Fax: (216) 579-0212
`dmaiorana@jonesday.com
`
`
`4
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`IPR2016-01213
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`Matthew W. Johnson (Reg. No. 59,108)
`Back Up Counsel for Petitioner
`Jones Day
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`Tel: (412) 394-9524
`Fax: (412) 394-7959
`mwjohnson@jonesday.com
`
`
`David L. Witcoff (Reg. No. 31,443)
`Back Up Counsel for Petitioner
`Jones Day
`77 West Wacker
`Chicago, IL 60601
`Tel: (312) 269-4259
`Fax: (312) 782-8585
`dlwitcoff@jonesday.com
`
`
`Marc S. Blackman (Reg. No. 43,501)
`Back Up Counsel for Petitioner
`Jones Day
`77 West Wacker
`Chicago, IL 60601
`Tel: (312) 269-269-4369
`Fax: (312) 782-8585
`msblackman@jonesday.com
`
`
`Dion Bregman (Reg. No. 45,645)
`Back Up Counsel for Petitioner
`Morgan, Lewis & Bockius LLP
`1400 Page Mill Rd.
`Palo Alto, CA 94304
`Tel: (650) 843-4000
`Fax: (650) 843-4001
`dion.bregman@morganlewis.com
`
`
`
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`5
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`IPR2016-01213
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 22,
`
`2017, a complete and entire copy of PETITIONERS’ OBJECTIONS UNDER 37
`
`C.F.R. § 42.64(b)(1) TO EVIDENCE SUBMITTED WITH PATENT OWNER
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`RESPONSE has been served in its entirety by e-mail on the following addresses of
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`record for Petitioner:
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`ntpete@fitcheven.com
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`phenkelmann@fitcheven.com
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`jmarinelli@fitcheven.com
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`nlittle@fitcheven.com
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`ameola@themeolafirm.com
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`PapstIPR@fitcheven.com
`
`
`
`
`
`
`
`
` /s/ Gregory S. Cordrey
`Gregory S. Cordrey
`Attorney for Petitioner
`Registration No. 44,089
`
`
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`
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`6
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`
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