`Patent 7,206,978
`Attorney Docket No. 160831-004USIPR
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner
`____________
`
`Case IPR2017-00114
`Patent 7,206,978
`____________
`
`PATENT OWNER POLARIS INNOVATIONS LTD.’S
`OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-00114
`Patent 7,206,978
`Attorney Docket No. 160831-004USIPR
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Patent Owner Polaris Innovations Ltd. hereby files objections to the
`
`admissibility of the following documents served by Petitioner Kingston
`
`Technology Company, Inc. on October 21, 2016 with its Petition for Inter Partes
`
`Review.
`
`Patent Owner objects, under FRE 402/403, to all references that do not form
`
`the basis of the instituted reviews.
`
`Patent Owner additionally objects, under FRE 402/403, to all portions of
`
`Exhibit 1003 (Declaration of Vivek Subramanian) that do not directly relate to the
`
`instituted reviews.
`
`Patent Owner’s further objections to specific documents include, but are not
`
`limited to:
`
`1.
`
`Exhibit 1003 (“Declaration of Vivek Subramanian”).
`
`Exhibit 1003 is inadmissible to the extent it provides opinions that are
`
`irrelevant under FRE 402, or that their probative value is substantially outweighed
`
`by other consideration under FRE 403, including unfair prejudice, confusion of the
`
`issue and waste of time. Patent Owner further objects to this Exhibit in its entirety,
`
`and to each paragraph therein, as hearsay under FRE 802.
`
`- 1 -
`
`
`
`Case IPR2017-00114
`Patent 7,206,978
`Attorney Docket No. 160831-004USIPR
`
`
`
`In addition to the above, Patent Owner’s objections to specific paragraphs
`
`from Exhibit 1003 include, but are not limited to:
`
`▪ ¶¶ 39-42 are not admissible under FRE 402/403 because they provide
`
`opinions relating to purported references that do not form the basis of
`
`the instituted grounds.
`
`▪ ¶¶ 48, 56-57, 74-78, 84, 94-96, 108-110, and 124-127 are not
`
`admissible under FRE 402/403 because they provide opinions relating
`
`to grounds for which review was not instituted.
`
`2.
`
`Exhibit 1010 (U.S. Patent No. 4,682,328 “Ramsay”).
`
`Exhibit 1010 is not admissible under FRE 402/403 because it is a reference
`
`that is not part of the basis of an instituted ground.
`
`3.
`
`Exhibit 1011 (U.S. Patent No. 7,028,213 “Majni”).
`
`Exhibit 1006 is not admissible under FRE 402/403 because it is a reference
`
`that is not part of the basis of an instituted ground.
`
`4.
`
`Exhibit 1006 (U.S. Patent No. 4,335,459 “Miller”).
`
`Exhibit 1006 is not admissible under FRE 402/403 because it is a reference
`
`that is not part of the basis of an instituted ground.
`
`- 2 -
`
`
`
`
`
`Case IPR2017-00114
`Patent 7,206,978
`Attorney Docket No. 160831-004USIPR
`
`
`
`
`
`Respectfully submitted,
`
`
`____/ Kenneth J. Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
`
`Date: April 17, 2017
`
`- 3 -
`
`
`
`Case IPR2017-00114
`Patent 7,206,978
`Attorney Docket No. 160831-004USIPR
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the following documents were served
`by electronic service, by agreement between the parties, on the date signed below:
`
`
`
`PATENT OWNER POLARIS INNOVATIONS LTD.’S
`OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`The names and address of the parties being served are as follows:
`
`IPR@sjclawpc.com
`IPR37307-0008IP1@fr.com
`
`
`
`
`
`Respectfully submitted,
`
` / Parham Hendifar /
`
`Date: April 17, 2017
`
`
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