`January 16, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
`
`
`
`
`
`Samsung Electronics Co., Ltd., and
`Samsung Electronics America, Inc.,
`Petitioner
`
`v.
`
`Image Processing Technologies, LLC,
`Patent Owner.
`
`______________________________________________
`CASE IPR2017-01218
`Patent No. 8,983,134
`
`
`PAPER NO. 17
`
`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EVIDENCE
`
`
`
`
`
`IPR2017-01218 (U.S. 8,983,134)
`Paper 17
`Objections to Evidence
`
`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioners Samsung Electronics Co.,
`
`
`
`Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) objects to
`
`the admissibility of the following evidence submitted by Patent Owner on January
`
`8, 2018. As used herein, “FRE” refers to the Federal Rules of Evidence.
`
`Samsung objects to the following evidence:
`
`1) Exhibit 2002 (Webster’s Dictionary excerpt)
`
`Samsung objects to Exhibit 2002 under FRE 901 because authenticating
`
`information has not been provided.
`
`2) Exhibit 2007 (Declaration of Dr. Bovik from IPR2017-00353 case)
`
`Samsung objects to Exhibit 2007, originally submitted in IPR2017-00353,
`
`under FRE 402 (relevance) and FRE 802 (hearsay), particularly to the extent Patent
`
`Owner does not make Dr. Bovik available in this proceeding for deposition. See
`
`37 C.F.R. §42.51(b)(1).
`
`3) Exhibit 2008 (Random House Dictionary excerpt)
`
`Samsung objects to Exhibit 2008 under FRE 901 because authenticating
`
`information has not been provided.
`
`4) Exhibit 2009 (American Heritage Dictionary excerpt)
`
`Samsung objects to Exhibit 2009 under FRE 901 because authenticating
`
`information has not been provided.
`
`1
`
`
`
`
`5) Exhibit 2012 (Deposition transcript of Dr. Bovik from IPR2017-00353 case)
`
`IPR2017-01218 (U.S. 8,983,134)
`Paper 17
`Objections to Evidence
`
`Samsung objects to Exhibit 2012, originally submitted in IPR2017-00353,
`
`under FRE 402 (relevance) and FRE 802 (hearsay), particularly to the extent Patent
`
`Owner does not make Dr. Bovik available in this proceeding for deposition. See
`
`37 C.F.R. §42.51(b)(1).
`
`6) Paper No. 15, pages 12-13 (Diagrams)
`
`Samsung objects to the “diagrams” alleged to “illustrate the lock-on tracking
`
`method” and descriptions of those diagrams (Paper No. 15, pp. 12-13) under FRE
`
`403 (confusing and unfairly prejudicial), FRE 802 (hearsay), and FRE 901 (not
`
`authenticated) because they do not come from the ’134 Patent (or any other
`
`patent), are unsupported by any expert declaration or opinion, and are entirely
`
`speculative and confusing.
`
`
`
`
`
`
`
`
`
`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
`
`2
`
`
`
`IPR2017-01218 (U.S. 8,983,134)
`Paper 17
`Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies pursuant to 37 C.F.R. § 42.6(e) and § 42.105 that
`
`
`
`
`
`on January 16, 2018, a true and correct copy of PETITIONER’S OBJECTIONS
`
`TO PATENT OWNER’S EVIDENCE was served via express mail on the Patent
`
`Owner at the following correspondence address of record:
`
`Gregory Nelson
`FOX ROTHSCHILD LLP
`222 Lakeview Avenue, Suite 700
`West Palm Beach, FL 33401
`
`Gregory Nelson
`FOX ROTHSCHILD LLP
`997 Lennox Drive, Bld. 3
`Lawrenceville, NJ 08648
`
`
`
`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
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`IPR2017-01218 (U.S. 8,983,134)
`Paper 17
`Objections to Evidence
`
`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
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
