`
`Filed: May 4, 2018
`
`
`Filed on behalf of:
`
`Patent Owner Intellectual Ventures II LLC
`By:
`John R. King
`
`Ted M. Cannon
`
`Bridget A. Smith
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404
`Facsimile:
`(949) 760-9502
`Email: BoxPGL53@knobbe.com
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`MITSUBA CORPORATION AND
`AMERICAN MITSUBA CORPORATION
`Petitioners,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`
`Patent Owner.
`__________________________________
`
`Case No. IPR2018-00071
`U.S. Patent No. 7,067,952
`__________________________________
`
`PATENT OWNER OBJECTIONS TO THE ADMISSIBILITY OF
`EVIDENCE SERVED WITH THE PETITION
`
`
`
`IPR2018-00071
`Mitsuba Corp., et al. v. Intellectual Ventures II
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner objects as follows to the
`
`admissibility of evidence served with the Petition on October 13, 2017. Patent
`
`Owner reserves its rights to: (1) timely file a motion to exclude these exhibits or
`
`portions thereof; (2) challenge the credibility and/or weight that should be afforded
`
`to any of Petitioners’ exhibits, whether or not Patent Owner objects to the exhibits
`
`or files a motion to exclude the exhibits; (3) challenge the sufficiency of the
`
`evidence to meet Petitioners’ burden of proof on any issue, whether or not Patent
`
`Owner has objected to, or files a motion to exclude, the evidence; and (4) cross
`
`examine any Petitioner declarant within the scope of his or her direct testimony
`
`that is or relates to these exhibits, without regard to whether Patent Owner has
`
`objected to the testimony or related exhibits or whether the testimony or related
`
`exhibits are ultimately found to be inadmissible.
`
`Evidence
`
`Objections
`
`Exhibit 1007 FRE 402: The exhibit includes testimony and cites evidence that
`
`is not relevant to any of the grounds identified in the Petition.
`
`FRE 602: Patent Owner objects to the declarant’s testimony to
`
`the extent that the evidence does not show that the declarant has
`
`personal knowledge of the subject matter of the testimony.
`
`FRE 701–703: Patent Owner objects to the declarant’s testimony
`
`to the extent that it purports to express any opinion that is not a
`
`-1-
`
`
`
`IPR2018-00071
`Mitsuba Corp., et al. v. Intellectual Ventures II
`
`
`Evidence
`
`Objections
`
`permissible lay opinion or for which the declarant is not a
`
`qualified expert witness.
`
`FRE 802: Patent Owner objects to the declarant’s testimony to
`
`the extent that it relies on inadmissible hearsay.
`
`Exhibit 1010 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`Exhibit 1011 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`Exhibit 1012 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`FRE 901: The exhibit is not authenticated.
`
`Exhibit 1013 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`FRE 901: The exhibit is not authenticated.
`
`Exhibit 1014 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`Exhibit 1015 FRE 402: The exhibit is not relevant to any of the grounds
`
`identified in the Petition.
`
`
`
`-2-
`
`
`
`
`
`
`
`
`
`Dated: May 4, 2018
`
`
`
`IPR2018-00071
`Mitsuba Corp., et al. v. Intellectual Ventures II
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Ted M. Cannon/
`John R. King (Reg. No. 34,362)
`Ted M. Cannon (Reg. No. 55,036)
`Bridget A. Smith (Reg. No. 63,574)
`Customer No. 20,995
`Attorneys for Patent Owner
`Intellectual Ventures II LLC
`(949) 760-0404
`
`-3-
`
`
`
`IPR2018-00071
`Mitsuba Corp., et al. v. Intellectual Ventures II
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER
`
`OBJECTIONS TO THE ADMISSIBILITY OF EVIDENCE SERVED WITH
`
`THE PETITION is being served electronically on May 4, 2018, to the email
`
`addresses below:
`
`Eric Hayes
`eric.hayes@kirkland.com
`Adam Kaufmann
`adam.kaufmann@kirkland.com
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, IL 60654
`Phone: (312) 862-2000
`
`
`
`By: /Ted M. Cannon/
`John R. King (Reg. No. 34,362)
`Ted M. Cannon (Reg. No. 55,036)
`Bridget A. Smith (Reg. No. 63,574)
`Customer No. 20,995
`Attorneys for Patent Owner
`Intellectual Ventures II LLC
`(949) 760-0404
`
`
`
`
`Dated: May 4, 2018
`
`
`
`
`
`28194833
`
`-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
