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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`REACTIVE SURFACES LTD., LLP
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`Petitioner
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`v.
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`TOYOTA MOTOR CORPORATION
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`Patent Owner
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`Case: IPR2016-01914
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`Patent No. 8,394,618 B2
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`PETITIONER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`Pursuant to 37 C.F.R. § 42.64, Petitioner Reactive Surfaces Ltd. LLP objects
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`to the admissibility of the following exhibits submitted by Patent Owner Toyota
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`Motor Corporation in the proceeding1:
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`Exhibit 2010
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`Exhibit 2010 (“Declaration of Jonathan Dordick, Ph.D.”) is objected to under F.R.E.
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`702 (improper expert testimony). Exhibit 2010 is also objected to under F.R.E. 703
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`as the testimony is based on facts or data that an expert in this field would not
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`reasonably rely on. Exhibit 2010 is further objected to insofar as it cites or refers to
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`exhibits that have been objected to. (Patent Owner’s Exhibits 2011, 2013, 2015).
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`Still further, Exhibit 2010 is further objected to insofar as it cites or refers to a Patent
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`Owner exhibit that has not been identified by Patent Owner or served on Petitioner
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`(i.e., Patent Owner’s Exhibit 2017 referenced at page 25). Petitioner reserves its
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`right to assert objections directed to Patent Owner’s Exhibit 2017, when and if such
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`Exhibit is served thereon.
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`Exhibit 2011
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`1 In this paper, a reference to “F.R.E.” means the Federal Rules of Evidence,
`and a reference to “C.F.R.” means the Code of Federal Regulations.
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`2
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`Exhibit 2011 (“Barnett, P.D. & Berger, R.A., The Effects of Temperature and
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`Humidity on the Permanency of Latent Fingerprints, 16 J. FORENSIC SCI. SOC. 249
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`(1977)”) is objected to under F.R.E. 802 as hearsay and is further objected to under
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`F.R.E. 901 for lack of authentication.
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`Exhibit 2013
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`Exhibit 2013 (“Mong, G.M. et. al., Advanced Fingerprint Analysis Project
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`Fingerprint Constituents, Technical Report, Pacific Northwest Laboratory (1999)”)
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`is objected to under F.R.E. 802 as hearsay and is further objected to under F.R.E.
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`901 for lack of authentication.
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`Exhibit 2015
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`Exhibit 2015 (“Craig, C. & Byrd, J., How Does Fingerprint Powder Work?,
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`Scientific American (2002)”) is objected to under F.R.E. 802 as hearsay and is
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`further objected to under F.R.E. 901 for lack of authentication.
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`These objections have been timely made within five (5) business days from the
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`Filing of Patent Owner’s Response.
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`Dated: August 14, 2017
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`Respectfully submitted,
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`By:
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`/s/ David O. Simmons
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`David O. Simmons, Reg. No. 43,124
`Lead Counsel
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`Email: dsimmons@ivcpatentagency.com
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`Counsel for Petitioner, Reactive
`Surfaces LTD., LLP
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) and 42.105(b), the undersigned hereby
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`certifies that a copy of this PETITIONER’S OBJECTIONS TO EVIDENCE
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`PURSUANT TO 37 C.F.R. § 42.64 for inter partes review of U.S. Patent No.
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`8,394,618 B2 was served on August 14, 2017 by email on the following counsel of
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`record for Patent Owner:
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`Joshua A. Lorenz (joshua.lorentz@dinsmore.com)
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`Richard H. Schabowsky (richard.schabowsky@dinsmore.com)
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`John D. Luken (john.luken@dinsmore.com)
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`Oleg Khariton (oleg.khariton@dinsmore.com)
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`/s/ David O. Simmons
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`David O. Simmons, Reg. No. 43,124
`Lead Counsel
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`Email: dsimmons@ivcpatentagency.com
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`Counsel for Petitioner, Reactive
`Surfaces LTD., LLP
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`5
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