UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`Canon Inc., Canon U.S.A., Inc., and Axis Communications AB,
`
`Petitioners,
`
`v.
`
`Avigilon Fortress Corporation,
`
`Patent Owner.
`______________________
`
`Case No. IPR2019-00314
`
`U.S. Patent No. 7,932,923
`______________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`Canon Inc., Canon U.S.A., Inc., and Axis Communications AB,
`
`Petitioners,
`
`v.
`
`Avigilon Fortress Corporation,
`
`Patent Owner.
`______________________
`
`Case No. IPR2019-00314
`
`U.S. Patent No. 7,932,923
`______________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2019-00314
`Pursuant to 37 C.F.R. § 42.64, Patent Owner Avigilon Fortress Corporation
`
`(“Patent Owner” or “Avigilon”) respectfully asserts the following objections to the
`
`evidence proffered with the Petition for inter partes review (the “Petition”) filed by
`
`Canon Inc., Canon U.S.A., Inc., and Axis Communications AB (“Petitioners”).
`
`These objections are being timely served within 10 business days of the institution
`
`of trial, in accordance with 37 C.F.R. § 42.64(b)(1). The institution of trial in this
`
`matter occurred on July 8, 2019.
`
`EVIDENCE
`Exhibit 1007
`
`OBJECTIONS
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`
`FRE 602/901: Personal Knowledge. Petitioners have not
`provided sufficient evidence supporting a finding that their
`librarian declarant has personal knowledge of the library
`shelving practices at MIT Libraries, University of Michigan
`Media Union, University of Virginia Library, North Carolina
`State University Library, University of California Los Angeles
`Science & Engineering Library, or the Library of Congress.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`
`Exhibit 1024
`
`Exhibit 1025
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2019-00314
`
`Exhibit 1026
`
`Exhibit 1027
`
`Exhibit 1028
`
`Exhibit 1029
`
`Exhibit 1030
`
`Exhibit 1031
`
`Exhibit 1032
`
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`
`3
`
`
`
`Exhibit 1037
`
`Exhibit 1039
`
`Patent Owner’s Objections to Evidence
`IPR2019-00314
`
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 401/402: Relevance. IPR was not instituted on any
`ground involving this exhibit and Petitioner has not identified
`any other relevance for this exhibit.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 801/802: Hearsay. Exhibit 1037 is hearsay because it is
`an out-of-court statement that does not fall within any
`exception and is being offered for the truth of the matter
`asserted. See generally Paper 1.
`FRE 403: Any probative value of this exhibit is substantially
`outweighed by a danger of confusing the issues.
`FRE 801/802: Hearsay. Exhibit 1039 is hearsay because it is
`an out-of-court statement that does not fall within any
`exception and is being offered for the truth of the matter
`asserted. See Paper 1 at 71. Specifically, Petitioners assert
`Exhibit 1039 as evidence that “Kevin McHale was inducted
`into the NBA Hall-Of-Fame.” Id.
`
`4
`
`
`
`Dated: July 22, 2019
`
`Reza Dokhanchy (Reg. No. 62,795)
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone: 415-439-1400
`Facsimile: 415-439-1500
`reza.dokhanchy@kirkland.com
`
`Adam R. Alper (pro hac vice)
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone: 415-439-1400
`Facsimile: 415-439-1500
`adam.alper@kirkland.com
`
`Patent Owner’s Objections to Evidence
`IPR2019-00314
`
`
`
`
`
`Respectfully submitted,
`
`
`By:
`
`/s/ Eugene Goryunov
`Eugene Goryunov (Reg. No. 61,579)
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, IL 60654
`Telephone: 312-862-2000
`Facsimile: 312-862-2200
`
`Akshay S. Deoras (pro hac vice)
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone: 415-439-1400
`Facsimile: 415-439-1500
`akshay.deoras@kirkland.com
`
`Michael W. De Vries (pro hac vice)
`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Telephone: 213-680-8400
`Facsimile: 213-680-8500
`michael.devries@kirkland.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2019-00314
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`
`
`
`
`Owner’s Objections to Evidence was served on July 22, 2019, by filing this
`
`document through the Patent Review Processing System as well as via email
`
`directed to counsel of record for the Petitioner at the following:
`
`Axis Communications AB
`Lead Counsel
`
`C. Gregory Gramenopoulos (Reg. No.
`36,532)
`Finnegan, Henderson, Farabow, Garrett
`& Dunner LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202-408-4263
`Facsimile: 202-408-4400
`gramenoc@finnegan.com
`
`
`Canon Inc. and Canon U.S.A., Inc.
`Lead Counsel
`
`Joseph A. Calvaruso (Reg. No. 28,287)
`Orrick, Herrington & Sutcliffe LLP
`2050 Main Street, Suite 1110
`Irvine, CA 92614-8255
`Telephone: 212-506-5140
`Facsimile: 949-567-6710
`ipprosecution@orrick.com
`jcalvaruso@orrick.com
`
`Axis Communications AB
`Backup Counsel
`
`Kelly S. Horn (Reg. No. 70,657)
`Guang-Yu Zhu (Reg. No. 66,250)
`Finnegan, Henderson, Farabow, Garrett
`& Dunner LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202-408-4313
`Facsimile: 202-408-4400
`kelly.horn@finnegan.com
`guang-yu.zhu@finnegan.com
`
`Canon Inc. and Canon U.S.A., Inc.
`Backup Counsel
`
`Richard F. Martinelli (Reg. No. 52,003)
`Orrick, Herrington & Sutcliffe LLP
`2050 Main Street, Suite 1110
`Irvine, CA 92614-8255
`Telephone: 212-506-5140
`Facsimile: 949-567-6710
`ipprosecution@orrick.com
`rmartenelli@orrick.coms
`
`
`
`
`
`
`6
`
`
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