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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`R.J. REYNOLDS VAPOR COMPANY,
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`Petitioner
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`v.
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`FONTEM HOLDINGS 1 B.V.,
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`Patent Owner
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`Case IPR2016-01268
`Patent 8,365,742
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`UNDER 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), R.J. Reynolds Vapor Company
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`(“Petitioner”) objects to the evidence submitted by Patent Owner Fontem Holdings
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`1 B.V. with the Patent Owner’s Preliminary Response To Petition For Inter Partes
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`Review (Paper 8) filed October 7, 2016.
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`Petitioner objects to Exhibit 2001 (Declaration of Richard Meyst) as lacking
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`sound evidentiary basis, biased, vague, misleading, confusing the issues, and more
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`prejudicial than probative under FRE 403. If Meyst is presented as a lay witness,
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`Petitioner objects under FRE 701 that the testimony is based on alleged scientific
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`and/or technical knowledge. If Meyst is presented as an expert witness, Petitioner
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`objects under FRE 702 that the testimony is not based upon sufficient facts or data
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`and is not the result of application of reliable principles and methods. Petitioner
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`further objects under FRE 703 that the facts or data are not of a type reasonably
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`relied upon by experts. Any paragraph in the Meyst Declaration that relies upon
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`any exhibit not relied upon by the PTAB to institute this proceeding is further
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`objected to as not being relevant and therefore being inadmissible under FRE 401
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`and 402.
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`Dated: January 18, 2017
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`Respectfully submitted,
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`Ralph J. Gabric
`/s/
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`Ralph J. Gabric (Reg. No. 34,167)
`Robert Mallin (Reg. No. 35,596)
`Yuezhong Feng (Reg. No. 58,657)
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
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`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
`Attorneys for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on January 18, 2017, a complete and entire copy of this Petitioner’s
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`Objections To Patent Owner’s Evidence Under 37 C.F.R. § 42.64(b)(1) was served
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`by Electronic submission through the USPTO Patent Trial and Appeal Board End-
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`to-End System and by e-mail to
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`Michael J. Wise, Lead Counsel (MWise@perkinscoie.com)
`Joseph P. Hamilton, Back-up Counsel
`(JHamilton@perkinscoie.com)
`Jenna M. DeRosier (JDeRosier@perkinscoie.com)
`Tyler R. Bowen, Back-up Counsel
`(TBowen@perkinscoie.com)
`Amy Candeloro (ACandeloro@perkinscoie.com)
`patentprocurement@perkinscoie.com
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`Dated: January 18, 2017
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`Ralph J. Gabric
`/s/
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`Ralph J. Gabric (Reg. No. 34,167)
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
`Attorneys for Petitioner
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