UNITED STATES PATENT AND TRADEMARK OFFICE
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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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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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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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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner Toyota Motor Corporation
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`object to the admissibility of the following exhibits submitted by Petitioner
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`Reactive Surfaces Ltd. LLP with its Petitioner Reply:1
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`Exhibit 1016
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`Exhibit 1016 (“Declaration of Leslie D. Michel corroborating publication
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`date and printed publication status of Ex. 1022”) is objected to under F.R.E. 802 as
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`hearsay.
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`Exhibit 1018
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`Exhibit 1018 (“Reply Declaration of Dr. David Rozzell, Ph.D.”) is objected
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`to under F.R.E. 702 (improper expert testimony) and Daubert v. Merrell Dow
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`Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dr. Rozzell does not possess the
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`requisite credentials or expertise to render opinions in this IPR. Exhibit 1018 is
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`further objected to under F.R.E. 702 as the testimony is not based on sufficient
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`facts or data, is not the product of reliable principles and methods, and the
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`principles and methods have not been reliably applied to the facts of the case.
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`Exhibit 1018 is further objected to under F.R.E. 703 as the testimony is based on
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`facts or data that an expert in this field would not reasonably rely on. Exhibit 1018
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`1 In this paper, a reference to “F.R.E.” means the Federal Rules of Evidence, and a
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`reference to “C.F.R.” means the Code of Federal Regulations.
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`1
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`is further objected to under 37 C.F.R. § 42.65(a) for failing to identify with
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`particularity the underlying facts and data on which the opinion is based. Exhibit
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`1018 is further objected to insofar as it cites or refers to other objectionable
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`exhibits.
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`Exhibit 1020
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`Exhibit 1020 (“Reply Declaration of Eric Ray”) is objected to under F.R.E.
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`702 (improper expert testimony) and Daubert v. Merrell Dow Pharmaceuticals,
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`Inc., 509 U.S. 579 (1993). Mr. Ray does not possess the requisite credentials or
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`expertise to render opinions in this IPR. Exhibit 1020 is further objected to under
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`F.R.E. 702 as the testimony is not based on sufficient facts or data, is not the
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`product of reliable principles and methods, and the principles and methods have
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`not been reliably applied to the facts of the case. Exhibit 1020 is further objected
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`to under F.R.E. 703 as the testimony is based on facts or data that an expert in this
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`field would not reasonably rely on. Exhibit 1020 is further objected to under 37
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`C.F.R. § 42.65(a) for failing to identify with particularity the underlying facts and
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`data on which the opinion is based. Exhibit 1020 is further objected to insofar as it
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`cites or refers to other objectionable exhibits.
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`Exhibit 1022
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`Exhibit 1022 (“Printed Publication (1999) entitled ‘The Chemistry of Latent
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`Prints from Children and Adults’ by Mong et al., The Chesapeake Examiner, Fall
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`2
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`1999, Vol. 37, No. 2, pgs. 4-6 (‘Mong-2’)”) is objected to under F.R.E. 802 as
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`hearsay. Exhibit 1022 is further objected to under F.R.E. 901 for lack of
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`authentication.
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`Exhibit 1023
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`Exhibit 1023 (“Declaration of Eric Pepper corroborating publication date
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`and printed publication status of Ex. 1013”) is objected to under F.R.E. 802 as
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`hearsay.
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`Exhibit 1030
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`Exhibit 1030 (“Printed Publication (March 2010) Antoine et al., Journal of
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`Forensic Sciences, Vol. 55, No. 2, pgs. 513-518”) is objected to under F.R.E. 802
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`as hearsay.
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`Exhibit 1031
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`Exhibit 1031 (“World Patent Application WO 2007/017701 A1, Publication
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`date February 15, 2007”) is objected to under F.R.E. 802 as hearsay.
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`Exhibit 1032
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`Exhibit 1032 (“Printed Publication (2002) Science News Article, April 15,
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`1997, printed copy from web site”) is objected to under F.R.E. 802 as hearsay.
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`Exhibit 1032 is further objected to under F.R.E. 901 for lack of authentication.
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`Exhibit 1033
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`Exhibit 1033 (“Printed Publication (1999) Menzel, E.R., Marcel Dekker,
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`3
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`Inc., New York, ‘Fingerprint Detection with Lasers’, Chapter 7, pg. 178 (reference
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`22)”) is objected to under F.R.E. 802 as hearsay.
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`Exhibit 1034
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`Exhibit 1034 (“Printed Publication (2002) Bartick et al., 16th Meeting of the
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`International Association of Forensic Sciences, pgs. 61-64”) is objected to under
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`F.R.E. 802 as hearsay. Exhibit 1034 is further objected to under F.R.E. 901 for
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`lack of authentication.
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`Exhibit 1035
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`Exhibit 1035 (“Printed Publication (2004) Jain et al, Proceedings of
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`Biometric Authentication Workshop, LNCS 3087, pgs. 259-269.”) is objected to
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`under F.R.E. 802 as hearsay.
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`Exhibit 1041
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`Exhibit 1041 (“Printed Publication (1986), Federal Bureau of Investigations,
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`The Science of Fingerprints (Rev. 12-84). Department of Justice. Washington,
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`D.C.: U.S. Government Printing Office. pp. 170-174, 211”) is objected to under
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`F.R.E. 901 for lack of authentication.
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`Exhibit 1044
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`Exhibit 1044 (“Printed Publication (2013), Bleay, S. M., Sears, V. G.,
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`Bandey, H. L., Gibson, A. P., Bowman, V. J., Downham, R., . . . Selway, C.,
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`Fingerprint Source Book: manual of development techniques. London: Home
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`4
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`Office - Centre for Applied Sciences and Technology. Chapter 2”) is objected to
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`under F.R.E. 901 for lack of authentication.
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`Exhibit 1046
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`Exhibit 1046 (“Printed Publication (1987), Olsen, R. D., Chemical dating
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`techniques for latent fingerprints: a preliminary report. Identification News, 10-
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`12”) is objected to under F.R.E. 901 for lack of authentication.
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`These objections have been timely made within five business days from
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`service of the evidence to which the objections are directed.
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`Dated: November 14, 2017
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`Respectfully submitted,
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` /s/ Joshua A. Lorentz
`Joshua A. Lorentz
`Reg. No. 52,406
`Dinsmore & Shohl LLP
`255 E. Fifth St.
`Cincinnati, OH 45202
`T: (513) 977-8200
`Attorney for Patent Owner
`Toyota Motor Corporation
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`5
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`IPR2016-01914
`U.S. Patent No. 8,394,618 B2
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing PATENT
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`OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
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`was served on November 14, 2017 by email on the following counsel of record for
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`Petitioner:
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`David O. Simmons (dsimmons@ivcpatentagency.com)
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`Jonathan D. Hurt (jhurt@technologylitigators.com)
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`Mark A.J. Fassold (mfassold@wattsguerra.com)
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`Jorge Mares (jmares@wattsguerra.com)
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`Dated: November 14, 2017
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`Respectfully submitted,
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` /s/ Joshua A. Lorentz
`Joshua A. Lorentz
`Reg. No. 52,406
`Attorney for Patent Owner
`Toyota Motor Corporation
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