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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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`SIRIUS XM RADIO INC.,
`
`Petitioner
`
`v.
`FRAUNHOFER-GESELLSCHAFT ZUR FORDERNUNG DER
`ANGEWANDTEN E.V.,
`
`Patent Owner
`
`
`___________
`
`Case IPR2018-00690
`U.S. Patent No. 6,314,289 B1
`___________
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`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)
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`10730527
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`
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`IPR Case No. IPR2018-00690
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` U.S. Patent No. 6,314,289 B1
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Fraunhofer-Gesellschaft
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`Zur Forderung der Angewandten Forschung E.V. (“PO” or “Fraunhofer”), submits
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`the following objections to evidence accompanying the Petition. These objections
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`are timely under 37 C.F.R. § 42.64(b)(1) because they are being filed within ten
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`(10) business days of service of the institution of the trial on August 19, 2019.
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`Fraunhofer reserves the right to present further objections to these or
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`additional Exhibits submitted by Petitioner, as allowed by the applicable rules or
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`other authority, including without limitation upon conclusion of any depositions
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`taken of Petitioner’s witnesses.
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`Evidence
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`F.R.E.
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`Objection(s)
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`Exhibit 1002 401, 402, 403
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`701, 702, 703
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`At least paragraphs 1-24, 26-30, 50-60, 62-82,
`84, 85, 87, 99, 114, 118, 121, 124-126, 128,
`133, 135-137, 139, 141, 143, 145-147, 149,
`152, 154, 157, 162, 165, 169, 170, 172-178,
`180, 183, 186, 189, 191, 192, 194, 195, 197,
`199, 201, 203, 205-235, 241, 245, 247, 249,
`270, 271, 276-280, 283, 288-290, 293, 294,
`296, 298, 300-322, 327, 331, 332, and 334-336
`which are cited nowhere in the Petition.
`Moreover, at least paragraphs 22-334 include
`conclusory statements and/or
`mischaracterizations of the patent and/or cited
`art. Accordingly, these are not relevant to any
`issue in the case and/or any probative value is
`substantially outweighed by the danger of
`unfair prejudice, confusing the issues, undue
`delay, and wasting time.
`
`At least paragraphs 22-334 include conclusory
`statements and/or mischaracterizations of the
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`- 1 -
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`IPR Case No. IPR2018-00690
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` U.S. Patent No. 6,314,289 B1
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`
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`Exhibit 1008 106
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`patent and/or cited art, which are not based on
`sufficient facts or data, are irrelevant, are not
`based on a reliable foundation, and/or constitute
`conclusory opinion without sufficient support.
`See also Daubert v. Merrell Dow Pharms, Inc.,
`509 U.S. 579 (1993).
`Exhibit 1003 401, 402, 403 Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. The
`exhibit has not been shown to qualify as prior
`art against any challenged claim.
`The exhibit, excerpting from a book, is an
`incomplete part of a writing.
`Exhibit 1010 401, 402, 403 Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. The
`exhibit is cited nowhere in the Petition.
`Exhibit 1011 401, 402, 403 Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. The
`exhibit is cited nowhere in the Petition.
`Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time.
`
`The exhibit, excerpting from a book, is an
`incomplete part of a writing.
`Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. Lack
`explanation or support demonstrating that the
`items serve to demonstrate the point of
`purported relevance.
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`
`Exhibit 1012 401, 402, 403
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`
`
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`106
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`Exhibits
`1014-1016
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`401, 402, 403
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`- 2 -
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`IPR Case No. IPR2018-00690
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` U.S. Patent No. 6,314,289 B1
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`901, 902
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`There is insufficient identifying or
`authenticating information supplied in
`conjunction with Exhibits 1014-1016 to prove
`the items are what the proponent claims them to
`be.
`Exhibit 1017 401, 402, 403 Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. Lacks
`explanation or support demonstrating that the
`item serves to demonstrate the point of
`purported relevance.
`Not relevant to any issue in the case and/or any
`probative value is substantially outweighed by
`the danger of unfair prejudice, confusing the
`issues, undue delay, and wasting time. The
`exhibit purports to set forth facts but constitutes
`unreliable, unsworn statements.
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`Includes statements that are not sworn
`testimony or declaration made under penalty of
`perjury that are nevertheless offered for the
`truth of the matters asserted without any
`applicable hearsay exception.
`
`There is insufficient identifying or
`authenticating information supplied in
`conjunction with Exhibit 1018 to prove the item
`is what the proponent claims it to be.
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`Exhibit 1018 401, 402, 403
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`801, 802, 803
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`
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`901, 902
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`- 3 -
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`IPR Case No. IPR2018-00690
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`Dated: September 3, 2019
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`
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` U.S. Patent No. 6,314,289 B1
`
`Respectfully submitted,
`By: /Ben J. Yorks/
`
`Ben J. Yorks (Reg. No. 33,609)
`Babak Redjaian (Reg. No. 42,096)
`David McPhie (Reg. No. 56,412)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Tel.: (310) 277-1010 | Fax: (310) 203-7199
`FraunhoferIPRs@irell.com
`Attorneys for Patent Owner
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`- 4 -
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`IPR Case No. IPR2018-00690
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` U.S. Patent No. 6,314,289 B1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on September 3,
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`2019, a copy of the foregoing document PATENT OWNER’S OBJECTIONS
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`TO EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b) was served, by
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`electronic mail, as agreed to by the parties, upon the following:
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`
`Jonathan S. Caplan (Reg. No. 38,094)
`JCaplan@kramerlevin.com
`
`Mark Baghdassarian (pro hac vice)
`mbaghdassarian@kramerlevin.com
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`Jeffrey H. Price (Reg. No. 69,141)
`jprice@kramerlevin.com
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`Shannon Hedvat (Reg. No. 68,417)
`shedvat@kramerlevin.com
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`
`
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`
` /Susan M. Langworthy/
`By:
` Susan M. Langworthy
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