`January 16, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`
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`
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`Samsung Electronics Co., Ltd., and
`Samsung Electronics America, Inc.,
`Petitioner
`
`v.
`
`Image Processing Technologies, LLC,
`Patent Owner.
`
`______________________________________________
`CASE IPR2017-01190
`Patent No. 6,717,518
`
`
`PAPER NO. 17
`
`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EVIDENCE
`
`
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`IPR2017-01190 (U.S. 6,717,518)
`Paper 17
`Objections to Evidence
`
`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioners Samsung Electronics Co.,
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`
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`Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) objects to
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`the admissibility of the following evidence submitted by Patent Owner on January
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`8, 2018. As used herein, “FRE” refers to the Federal Rules of Evidence.
`
`Samsung objects to the following evidence:
`
`1) Exhibit 2012 (Website printout, Parallel Computing Institute)
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`Samsung objects to Exhibit 2012 under FRE 901 because authenticating
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`information has not been provided. Samsung also objects to Exhibit 2012 under
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`FRE 402 (relevance) and FRE 403 (unfairly prejudicial, confusing, waste of time)
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`at least because the document is not discussed or cited the Patent Owner Response.
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`2) Exhibit 2013 (Website printout, Computer Graphics Illinois)
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`Samsung objects to Exhibit 2013 under FRE 901 because authenticating
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`information has not been provided. Samsung also objects to Exhibit 2013 under
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`FRE 402 (relevance) and FRE 403 (unfairly prejudicial, confusing, waste of time)
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`at least because the document is not discussed or cited the Patent Owner Response.
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`3) Exhibit 2014 (Hand-drawn Sketch)
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`Samsung objects to Exhibit 2014 under FRE 901 because authenticating
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`information has not been provided. Samsung also objects to Exhibit 2014 under
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`1
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`FRE 402 (relevance) and FRE 403 (unfairly prejudicial, confusing, waste of time)
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`IPR2017-01190 (U.S. 6,717,518)
`Paper 17
`Objections to Evidence
`
`at least because the document is not discussed or cited the Patent Owner Response.
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`4) Exhibit 2015 (Diagram of Eye)
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`Samsung objects to Exhibit 2015 under FRE 402 (relevance) FRE 403
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`(confusing and unfairly prejudicial), FRE 802 (hearsay), and FRE 901 (not
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`authenticated), as it is apparently two diagrams Patent Owner downloaded from the
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`Internet and is relying upon to show the anatomy of the eye.
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`5) Paper No. 15, pages 6-7 (Diagrams and Photograph of Eye)
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`Samsung objects to the diagrams and explanatory text at Paper No. 15, pages
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`6-7 under FRE 402 (relevance) FRE 403 (confusing and unfairly prejudicial), FRE
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`802 (hearsay), and FRE 901 (not authenticated), as it shows diagrams and a
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`photograph Patent Owner apparently downloaded from the Internet and is relying
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`upon to show the anatomy of the eye.
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`
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`Respectfully Submitted,
`
`
`/s/ John Kappos
`John Kappos (Reg. No. 37,861)
`Lead Counsel for Petitioner
`O’MELVENY & MYERS LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`jkappos@omm.com
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`2
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`
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`IPR2017-01190 (U.S. 6,717,518)
`Paper 17
`Objections to Evidence
`
`CERTIFICATE OF SERVICE
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`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
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`on January 16, 2018, a true and correct copy of PETITIONER’S OBJECTIONS
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`TO PATENT OWNER’S EVIDENCE was served via express mail on the Patent
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`Owner at the following correspondence address of record:
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`J. Rodman Steele, Jr.
`DUANE MORRIS LLP
`Boca Center Tower II
`5100 Town Center Circle, Suite 650
`Baca Raton, FL 33486
`
`
`J. Rodman Steele, Jr.
`NOVAK DRUCE & QUIGG LLP
`525 Okeechobee Blvd., Suite 1500
`Palm Beach, FL 33401
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`Copies were also sent to Patent Owner’s litigation counsel via electronic
`
`Christopher J. Coulson
`Mark Chapman
`Rose Cordero Prey
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`ChrisCoulson@AndrewsKurthKenyon.com
`MarkChapman@AndrewsKurthKenyon.com
`RosePrey@AndrewsKurthKenyon.com
`
`mail:
`
`S. Calvin Capshaw
`CAPSHAW DERIEUX, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`ccapshaw@capshawlaw.com
`
`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`1801 Page Mill Road, Suite 210
`Palo Alto, CA 94304
`MichaelZachary@AndrewsKurthKenyon.com
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`3
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`IPR2017-01190 (U.S. 6,717,518)
`Paper 17
`Objections to Evidence
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`Respectfully submitted,
`
`/s/ John Kappos .
`John Kappos (Reg. No. 37,861)
`O’Melveny & Myers LLP
`610 Newport Center Drive, 17th Floor
`Newport Beach, CA 92660
`Telephone: (949) 760-9600
`
`Attorney for Petitioner
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`4
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