`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`KAWASAKI RAIL CAR, INC.
`Petitioner,
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`v.
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`SCOTT BLAIR,
`Patent Owner.
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`Case No. IPR2017-01036
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`Patent No. 6,700,602
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`Issue Date: March 2, 2004
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`Title: Subway TV Media System
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`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Kawasaki Rail Car, Inc.
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`submits the following objections to Exhibits 2005-2008 submitted by Patent
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`Owner Scott Blair, and any reference to or reliance on the foregoing. As required
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`by 37 C.F.R § 42.62, Petitioner’s objections below apply the Federal Rules of
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`Evidence.
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`I.
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`OBJECTIONS TO EXHIBIT 2005
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`Petitioner objects to Exhibit 2005 because Patent Owner has not produced
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`admissible evidence to authenticate the Exhibit as required under Fed. R. Evid.
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`901(a) and has not produced admissible evidence to establish that this Exhibit is
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`self-authenticating under Fed. R. Evid. 902.
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`Petitioner further objects to Exhibit 2005 under Fed. R. Evid. 802 as
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`constituting inadmissible hearsay for which no exception has been established to
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`the extent it is offered by Patent Owner to prove the truth of any matter asserted
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`therein, e.g., “TV sets are provided with ventilation openings in the cabinet to
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`allow heat generated during the operation to be released. If these openings are
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`blocked, heat build-up within the TV can cause failures which may result in a fire
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`hazard.” Exhibit 2005 is irrelevant for any non-hearsay purpose.
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`Additionally, Petitioner objects to Exhibit 2005 as irrelevant to this
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`proceeding pursuant to Fed. R. Evid. 401, and, therefore, as inadmissible under
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`Fed. R. Evid. 402 or Fed. R. Evid. 403.
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`- 1 -
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`II. OBJECTIONS TO EXHIBIT 2006
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`Petitioner objects to Exhibit 2006 because Patent Owner has not produced
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`admissible evidence to establish that Mr. Jack R. Long is a qualified expert under
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`Fed. R. Evid. 702. In particular, Patent Owner has failed to establish that Mr. Long
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`has the knowledge, skill, experience, training, or education to testify as to the
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`subject matter of paragraphs 15, 18, 25-28, and 34 of Exhibit 2006.
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`Petitioner also objects to paragraphs 15, 18, 25-28, and 34 of Exhibit 2006 to
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`the extent they are based on inadmissible Exhibit 2005, because such testimony is
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`irrelevant pursuant to Fed. R. Evid. 401, and, therefore, inadmissible under Fed. R.
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`Evid. 402 or Fed. R. Evid. 403, and because, under Fed. R. Evid. 802, the
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`testimony is inadmissible hearsay for which no exception has been established to
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`the extent it is offered by Patent Owner to prove the truth of any matter asserted
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`therein.
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`III. OBJECTIONS TO EXHIBIT 2007
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`Petitioner objects to Exhibit 2007 because Patent Owner has not produced
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`admissible evidence to establish that Mr. Joseph B. Zicherman is a qualified expert
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`under Fed. R. Evid. 702. In particular, Patent Owner has failed to establish that
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`Mr. Zicherman has the knowledge, skill, experience, training, or education to
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`testify as to the subject matter of paragraphs 16, 17, and 19-24 of Exhibit 2007.
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`Petitioner also objects to paragraphs 12, 13, 15, 18, and 25-34 of Exhibit
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`- 2 -
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`2007 to the extent they are based on inadmissible Exhibit 2005, because such
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`testimony is irrelevant pursuant to Fed. R. Evid. 401, and, therefore, inadmissible
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`under Fed. R. Evid. 402 or Fed. R. Evid. 403, and because, under Fed. R. Evid.
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`802, the testimony included in these paragraphs is inadmissible hearsay for which
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`no exception has been established to the extent it is offered by Patent Owner to
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`prove the truth of any matter asserted therein.
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`- 3 -
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on December 11, 2017, a complete and entire
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`copy of this PETITIONER’S OBJECTIONS TO PATENT OWNER’S
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`EXHIBITS were served via Federal Express and e-mail on the following:
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`Jennifer Meredith
`jmeredith@meredithkeyhani.com
`205 Main Street
`East Aurora, New York 14052
`Tel: (212) 760-0098
`Fax: (212) 202-3819
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`Respectfully submitted,
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`/s/ Armin Ghiam
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`Armin Ghiam
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`Telephone: (212) 425-7200
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`- 4 -
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