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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`EMERSON ELECTRIC CO.,
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`Petitioner,
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`v.
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`SIPCO, LLC,
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`Patent Owner.
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`Case IPR2017-00216
`Patent 8,013,732 B2
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`Before LYNNE E. PETTIGREW, STACEY G. WHITE, and
`CHRISTA P. ZADO, Administrative Patent Judges.
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`PETITIONER’S OBJECTIONS TO EVIDENCE
`SUBMITTED WITH PATENT OWNER’S PRELIMINARY RESPONSE
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
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`in a representative capacity for Petitioner Emerson Electric Co. (“Petitioner”),
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`hereby submits the following objections to Patent Owner SIPCO, LLC’s (“Patent
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`Owner”) Exhibits as indicated below, and any reference thereto/reliance thereon,
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`without limitation. Petitioner’s objections below apply the Federal Rules of
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`Evidence (“F.R.E.”) as required by 37 C.F.R § 42.62.
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`I.
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`Introduction
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`These objections address evidentiary deficiencies in the material filed by
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`Patent Owner with its Preliminary Response on February 16, 2017. The following
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`objections apply to the Exhibits indicated below as they are actually presented by
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`Patent Owner in the context of Patent Owner’s February 16, 2017 Preliminary
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`Response (Paper No. 7, “POPR”) and not in the context of any other substantive
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`argument on the merits of the instituted grounds in this proceeding. Petitioner
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`expressly objects to any other purported use of these Exhibits, including as
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`substantive evidence in this proceeding, which would be untimely and improper
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`under the applicable rules, and Petitioner expressly asserts, reserves, and does not
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`waive any other objections that would be applicable in such a context.
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`-2-
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`II. Objections to Exhibits 2001-05 And Any Reference to/Reliance Thereon
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`Grounds for objection: F.R.E. 801, 802 (Impermissible Hearsay); F.R.E. 401
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`(“Test for Relevant Evidence”); F.R.E. 402 (“General Admissibility of Relevant
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`Evidence”); F.R.E. 403 (“Excluding Relevant Evidence for Prejudice, Confusion,
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`Waste of Time, or Other Reasons”); 37 C.F.R. § 42.61 (“Admissibility”); and 37
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`C.F.R. § 42.53 (“Taking Testimony”).
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`Petitioner objects to Exhibits 2002-2005 as impermissible hearsay under
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`F.R.E. 801 and 802 to the extent to which the out-of-court statements therein are
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`offered for the truth of the matters asserted and constitute impermissible hearsay
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`for which Patent Owner has not demonstrated any exception or exclusion to the
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`rule against hearsay (F.R.E. 801, 802). Permitting reliance on these documents in
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`Patent Owner’s Preliminary Response or other submissions of Patent Owner would
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`be misleading and unfairly prejudicial to Petitioner (F.R.E. 403). To the extent
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`Patent Owner seeks to rely on content in the submissions as testimony, Petitioner
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`objects as they are not in the form of an affidavit or a deposition transcript, as
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`required by 37 C.F.R. § 42.53, and requests that Exhibits 2002-2005 be stricken.
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`Petitioner further objects to Exhibits 2002-2005 under F.R.E. 401, 402, and
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`403, and 37 C.F.R. § 42.61, because these Exhibits do not appear to make any fact
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`of consequence in determining this action more or less probable than it would be
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`without them and are thus irrelevant and not admissible (F.R.E. 401, 402);
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`-3-
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`permitting reference to/reliance on these documents would also be misleading,
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`irrelevant, and unfairly prejudicial to Petitioner (F.R.E. 402, 403).
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`Exhibit 2001 exists to support that Exhibits 2002-2005 are “true and correct”
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`copies, and there is no basis for admission of Exhibit 2001 in the absence of
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`Exhibits 2002-2005. Accordingly, Petitioner objects to Exhibit 2001, which
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`purports to describe Exhibits 2002-2005, on the same bases.
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`Dated: May 25, 2017
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`Respectfully submitted,
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`/s/ Donald L. Jackson
`Donald L. Jackson (Reg. No. 41,090)
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`Tel: 571-765-7700
`Fax: 571-765-7200
`djackson@dbjg.com
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`Counsel for Petitioner
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`-4-
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`OBJECTIONS TO EVIDENCE SUBMITTED WITH PATENT OWNER’S
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`PRELIMINARY RESPONSE was served on May 25, 2017 in its entirety by
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`causing the aforementioned document to be electronically mailed, pursuant to the
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`parties’ agreement, to the following attorneys of record:
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`Dr. Gregory J. Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`gonsalves@gonsalveslawfirm.com
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`Thomas F. Meagher
`Reg. No. 29,831
`Meagher Emanuel Laks Goldberg & Liao, LLP
`One Palmer Square, Suite 325
`Princeton, NJ 08542
`tmeagher@meagheremanuel.com
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`Counsel for Patent Owner SIPCO, LLC
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`Respectfully submitted,
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`/s/Donald L. Jackson
`Donald L. Jackson
`Registration No. 41,090
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`Counsel for Petitioner
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`-5-
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`Lead Counsel:
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`Back-up Counsel:
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