`
`
`Filed: June 3, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`LG ELECTRONICS, INC.,
`
`PETITIONER,
`
`v.
`
`BELL NORTHERN RESEARCH, LLC,
`
`PATENT OWNER.
`___________________
`
`Case No. IPR2020-00108
`U.S. Patent No. 8,416,862
`___________________
`
`
` PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`PRE-INSTITUTION EVIDENCE
`
`
`
`
`
`In accordance with 37 C.F.R. § 42.64(b)(1), Patent Owner Bell Northern
`
`Research, LLC submits the following objections to Petitioner’s pre-institution
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`evidence served in Case No. IPR2020-00108. Patent Owner’s objections apply
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`equally to Petitioner’s reliance on the evidence in any subsequently-filed
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`documents. These objections are timely, having been served within ten business
`
`days after institution of trial (see Paper 14).
`
`I.
`
`EXHIBITS 1015, 1016, 1017, 1018, 1019, 1020, 1022, 1023, 1024, 1025,
`1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, AND 1034
`Patent Owner objects to Exhibits 1015, 1016, 1017, 1018, 1019, 1020, 1022,
`
`1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, and 1034
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`under FRE 802 because Patent Owner and Petitioner’s contentions, briefing, and
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`transcripts in the parallel district court litigation are statements not made in the
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`current proceeding and offered for their truth, constituting impermissible hearsay,
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`and do not fall under any exceptions specified in the Federal Rules of Evidence.
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`Patent Owner also objects to these exhibits under FRE 402 and 403 because
`
`they are irrelevant, prejudicial, confusing, and misleading. In particular,
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`infringement contentions, claim construction briefing, and summary judgment
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`briefing on Section 112 issues have no relevance to the issues before the Board in
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`the current proceedings.
`
`1
`
`
`
`II. EXHIBIT 1021
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`Patent Owner objects to Exhibit 1021 under FRE 701–702 and 401–403
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`because Exhibit 1021 goes beyond proper expert testimony regarding interpretation
`
`of certain MARC records and other bibliographic records and improperly includes
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`speculation on the actions of the University of Pittsburgh library that are not matters
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`of expert testimony (to qualify under 702) and not within the declarant’s personal
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`knowledge (to qualify under 701). For the same reasons, the testimony lacks
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`foundation and constitutes undue prejudice to BNR.
`
`III. EXHIBIT 1003 AND PETITIONER’S PETITION FOR INTER
`PARTES REVIEW
`Patent Owner also objects to any paragraphs in Dr. Wells’ Declaration
`
`(Exhibit 1003) or the Petition (Paper 2) to the extent they rely on the aforementioned
`
`exhibits.
`
`2
`
`
`
`Dated: June 3, 2020
`
`
`
`
`
`Respectfully Submitted,
`
`/Steven W. Hartsell/
`Steven W. Hartsell (Reg. No. 58,788)
`SKIERMONT DERBY LLP
`1601 Elm St., Ste. 4400
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Patent Owner
`
`Alexander E. Gasser (Reg. No. 48,760)
`SKIERMONT DERBY LLP
`1601 Elm St., Ste. 4400
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Patent Owner
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
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`counsel for Petitioner a true and correct copy of the foregoing Patent Owner’s
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`Objections to Petitioner’s Pre-Institution Evidence, by electronic means on June 3,
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`2020 at the following addresses of record:
`
`Respectfully Submitted,
`
`/Steven W. Hartsell/
`Steven W. Hartsell (Reg. No. 58,788)
`Counsel for Patent Owner
`
`Timothy W. Riffe
`Christopher C. Hoff
`R. Andrew Schwentker
`IPR18768-0186IP2@fr.com
`PTABInbound@fr.com
`riffe@fr.com
`
`
`Dated: June 3, 2020
`
`
`
`
`
`
`
`
`
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