UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`WEATHERFORD INTERNATIONAL, LLC;
`WEATHERFORD/LAMB, INC.;
`WEATHERFORD US, LP; and WEATHERFORD
`ARTIFICIAL LIFT SYSTEMS, LLC
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01517
`Patent 7,134,505
`___________________
`
`
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`MOTION TO EXCLUDE
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`WEATHERFORD INTERNATIONAL, LLC;
`WEATHERFORD/LAMB, INC.;
`WEATHERFORD US, LP; and WEATHERFORD
`ARTIFICIAL LIFT SYSTEMS, LLC
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01517
`Patent 7,134,505
`___________________
`
`
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`MOTION TO EXCLUDE
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exclusive Licensee Rapid Completions LLC moves to exclude the following
`
`Case IPR2016-001517
`Patent 7,134,505
`
`exhibits and testimony pursuant to Rule 42.64:
`
`Exhibit 1008—Transcript of Daniel Themig – 01/08/2007
`
`Objections: (1) Authentication – Federal Rule of Evidence (“FRE”) 901(a); (2)
`
`Hearsay – FRE 801(c), 802.
`
`Location of prior objections: Paper 26 at 2-3.
`
`Locations exhibit is relied upon by RC: Petition at 18.
`
`Explanation: Weatherford has not offered evidence that the documents are
`
`authentic. To the extent Weatherford relies on the declaration of their paralegal
`
`Carrie Anderson, they must establish a foundation that would enable her to
`
`competently testify about the exhibit’s authenticity. Moreover, Weatherford relies
`
`on these documents for the truth of the matters asserted, and thus, they are hearsay.
`
`However, Weatherford has not asserted any hearsay exception that renders them
`
`admissible.
`
`Exhibit 1011—Affidavit of Ken Trahan
`
`Objections: (1) Authentication – Federal Rule of Evidence (“FRE”) 901(a); (2)
`
`Hearsay – FRE 801(c), 802.
`
`Location of prior objections: Paper 26 at 3.
`
`Locations exhibit is relied upon by RC: Petition at 19.
`
`
`
`2
`
`
`
`Case IPR2016-001517
`Patent 7,134,505
`
`
`Explanation: Weatherford has not offered evidence that the documents are
`
`authentic. To the extent Weatherford relies on the declaration of their paralegal
`
`Carrie Anderson, they must establish a foundation that would enable her to
`
`competently testify about the exhibit’s authenticity. Moreover, Weatherford relies
`
`on these documents for the truth of the matters asserted, and thus, they are hearsay.
`
`However, Weatherford has not asserted any hearsay exception that renders them
`
`admissible.
`
`Exhibit 1012—Expert Report of Kevin Trahan
`
`Objections: (1) Authentication – Federal Rule of Evidence (“FRE”) 901(a); (2)
`
`Hearsay – FRE 801(c), 802.
`
`Location of prior objections: Paper 26 at 3-4.
`
`Locations exhibit is relied upon by RC: Petition at 20 and 28.
`
`Explanation: Weatherford has not offered evidence that the documents are
`
`authentic. To the extent Weatherford relies on the declaration of their paralegal
`
`Carrie Anderson, they must establish a foundation that would enable her to
`
`competently testify about the exhibit’s authenticity. Moreover, Weatherford relies
`
`on these documents for the truth of the matters asserted, and thus, they are hearsay.
`
`However, Weatherford has not asserted any hearsay exception that renders them
`
`admissible.
`
`Exhibit 1013—First Supplemental Report of Kevin Trahan
`
`
`
`3
`
`
`
`
`Objections: (1) Authentication – Federal Rule of Evidence (“FRE”) 901(a); (2)
`
`Case IPR2016-001517
`Patent 7,134,505
`
`Hearsay – FRE 801(c), 802.
`
`Location of prior objections: Paper 26 at 4-5.
`
`Locations exhibit is relied upon by RC: Petition at 20.
`
`Explanation: Weatherford has not offered evidence that the documents are
`
`authentic. To the extent Weatherford relies on the declaration of their paralegal
`
`Carrie Anderson, they must establish a foundation that would enable her to
`
`competently testify about the exhibit’s authenticity. Moreover, Weatherford relies
`
`on these documents for the truth of the matters asserted, and thus, they are hearsay.
`
`However, Weatherford has not asserted any hearsay exception that renders them
`
`admissible.
`
`Exhibit 1014—Supplemental Engineering Report Prepared By Ronald
`
`Britton, P.E.
`
`Objections: (1) Authentication – Federal Rule of Evidence (“FRE”) 901(a); (2)
`
`Hearsay – FRE 801(c), 802.
`
`Location of prior objections: Paper 26 at 5.
`
`Locations exhibit is relied upon by RC: Petition at 20-21.
`
`Explanation: Weatherford has not offered evidence that the documents are
`
`authentic. To the extent Weatherford relies on the declaration of their paralegal
`
`Carrie Anderson, they must establish a foundation that would enable her to
`
`
`
`4
`
`
`
`Case IPR2016-001517
`Patent 7,134,505
`
`
`competently testify about the exhibit’s authenticity. Moreover, Weatherford relies
`
`on these documents for the truth of the matters asserted, and thus, they are hearsay.
`
`However, Weatherford has not asserted any hearsay exception that renders them
`
`admissible.
`
`Dated: September 28, 2017
`
`
`
`
`
`Respectfully submitted,
`
`Rapid Completions LLC
`
`By /Justin T. Nemunaitis/
`
`Hamad M. Hamad, Reg. No. 64,641
`Bradley W. Caldwell (pro hac vice)
`Justin T. Nemunaitis (pro hac vice)
`CALDWELL CASSADY CURRY,
`P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: 214.888.4848
`Facsimile: 214.888.4849
`hhamad@caldwellcc.com
`bcaldwell@caldwellcc.com
`jnemunaitis@caldwellcc.com
`rapid@caldwellcc.com
`
`Dr. Gregory Gonsalves, Re. No.
`43,639
`GONSALVES LAW FIRM
`2216 Beacon Lane
`Falls Church, Virginia 22043
`Telephone: 571.419.7252
`gonsalves@gonsalveslawfirm.com
`
`
`
`
`
`
`
`
`
`5
`
`
`
`Case IPR2016-001517
`Patent 7,134,505
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 (e)(4)
`
`The undersigned hereby certifies that the foregoing document was served
`
`via electronic mail, as previously consented to by Petitioner upon the following
`
`counsel of record:
`
`Jason Shapiro (Lead Counsel)
`Patrick Finnan (Back-up Counsel)
`EDELL,SHAPIRO & FINNAN, LLC
`js@usiplaw.com
`pjf@usiplaw.com
`epatent@usiplaw.com
`
`Date: September 28, 2017
`
`
`
`
`
` /Hamad M. Hamad/
`
`Hamad M. Hamad, Reg. No. 64,641
`
`6
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