`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`WALMART INC.,
`Petitioner,
`
`v.
`
`CARAVAN CANOPY INTERNATIONAL, INC.,
`Patent Owner.
`_____________
`
`Case No. IPR2020-01026
`Patent No. 5,944,040
`Issue Date: AUGUST 31, 1999
`Title: COLLAPSIBLE TENT FRAME
`_____________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`
`
`
`
`
`113097733.2
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Caravan Canopy
`
`International, Inc. (“Patent Owner”) hereby serves the following objections to
`
`exhibits Petitioner Walmart Inc. (“Petitioner”) served with its Petition for Inter
`
`Partes Review on June 1, 2020 (Paper No. 1, the “Petition”). These objections are
`
`timely as they are filed and served on December 22, 2020, which is within ten
`
`business days of the Board’s December 15, 2020, Institution Decision (Paper No.
`
`12).
`
`The Federal Rules of Evidence (“Rules”) apply to these proceedings pursuant
`
`to 37 C.F.R. § 42.62, and the Rules form the basis of Patent Owner’s objections as
`
`set forth below.
`
`Exhibit Number and
`Description
`
`1003 – Expert Declaration of
`Dr. Richard Klopp – Paragraphs
`41, 44, 66, 72, 77, 79, 83, 106,
`111, 112, 121, 122, 127, 128,
`133, 135, 155, 159, 161, 167,
`190, 191, 206, 211, 214, 223,
`and 226
`1003 – Expert Declaration of
`Dr. Richard Klopp – Paragraphs
`41, 44, 72, 77, 79, 83, 106, 111,
`
`Objection(s)
`
`FRE 403 – These paragraphs of Dr. Klopp’s
`declaration tend to mislead the fact finder and
`subject Patent Owner to unfair prejudice.
`
`FRE 702 – These paragraphs of Dr. Klopp’s
`declaration are not: 1) based on sufficient
`facts or data; and 2) the product of reliable
`
`
`113097733.2
`
`
`-1-
`
`
`
`112, 128, 133, 135, 155, 159,
`161, 167, 190, 191, 211, 214,
`and 223
`1004 – JP H1-61370 to Yang
`(translation)
`
`principles and methods.
`
`37 C.F.R. § 42.63(b) – The affidavit fails to
`allege that the signatory has any knowledge of
`the Japanese language such that she could
`attest to the accuracy of the translation or that
`she was the individual that actually translated
`the subject text.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: December 22, 2020 By: /Kyle W. Kellar/
`
`
`Kyle W. Kellar, Reg. No. 71,165
`LEWIS ROCA ROTHGERBER CHRISTIE LLP
`655 N. Central Ave., Suite 2300
`Glendale, CA 91203
`Counsel for Patent Owner
`Caravan Canopy International, Inc.
`
`
`
`
`
`
`113097733.2
`
`
`-2-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 22, 2020, a copy of this PATENT
`
`OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE have been served
`
`in their entirety today, December 22, 2020, by electronic mail to:
`
`
`
`
`
`David A. Reed, Reg. No. 61,226
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 Peachtree Street, NE, Suite 2800
`Atlanta, GA 30309-4528
`dreed@kilpatricktownsend.com
`CaravanCanopy-WalmartLit@kilpatricktownsend.com
`
`
`Tyler McAllister, Reg. No. 69,943
`KILPATRICK TOWNSEND & STOCKTON LLP
`1420 5th Avenue, Suite 3700
`Seattle, WA 98101
`tmcallister@kilpatricktownsend.com
`
`Registered Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
`By /Kyle W. Kellar/
`Kyle W. Kellar
`Reg. No. 71,165
`
`LEWIS ROCA ROTHGERBER
`CHRISTIE LLP
`655 N. Central Ave., Suite 2300
`Glendale, CA 91203
`Counsel for Patent Owner
`Caravan Canopy International, Inc.
`
`Dated: December 22, 2020
`
`
`
`
`
`
`
`
`
`
`
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`
`
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