`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`Case IPR2020-01139
`Patent 8,382,186
`____________
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Submitted Electronically via the Patent Review Processing System
`
`PATENT OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
`PETITIONER’S EVIDENCE SUBMITTED WITH PETITION
`
`1
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner MacNeil IP LLC
`
`respectfully submits the following objections to evidence filed by Petitioner in
`
`conjunction with its Petition (Paper 3). These objections are made within ten
`
`business days of institution of the trial (January 13, 2021).
`
`The following chart lists Patent Owner’s objections to the admissibility of
`
`certain evidence (identified below) that is included within or accompanies the
`
`Petition and the basis for those objections:
`
`Objected to Exhibit
`
`Basis for Objection
`
`Exhibit 1005
`
`FRE 901: The translation has not been
`
`authenticated. Petitioner has not
`
`provided evidence describing the
`
`declarant’s qualification or expertise
`
`regarding language translation or
`
`whether the declarant did the
`
`translation. See, e.g., Jack v. Trans
`
`World Airlines, Inc., 854 F.Supp. 654,
`
`659 (N.D. Cal. 1994); see also Assad v.
`
`Josefsson, 2018 U.S. Dist. LEXIS
`
`102559, *5.
`
`2
`
`
`
`Petitioner has not provided evidence
`
`establishing authenticity of the Rabbe
`
`reference.
`
`FRE 802: The translation and its
`
`certification comprise statements relied
`
`upon for the truth of the matters
`
`asserted therein. Because no hearsay
`
`exception applies, the statements in the
`
`translation and its certification are
`
`inadmissible in this proceeding.
`
`FRE 702: Patent Owner objects to the
`
`translation and its certification to the
`
`extent that statements therein lack
`
`foundation, assume facts not in
`
`evidence, contain testimony on matters
`
`as to which the declarant lacks personal
`
`knowledge. Petitioner has not
`
`provided evidence describing the
`
`declarant’s qualification or expertise
`
`regarding language translation or
`
`3
`
`
`
`whether the declarant did the
`
`translation. See, e.g., Jack v. Trans
`
`World Airlines, Inc., 854 F.Supp. 654,
`
`659 (N.D. Cal. 1994); see also Assad v.
`
`Josefsson, 2018 U.S. Dist. LEXIS
`
`102559, *5.
`
`FRE 604: Patent Owner objects to the
`
`translation and its certification, because
`
`they do not establish the qualifications
`
`of the translator. See, e.g., Contracts
`
`Materials Processing v. Kataleuna
`
`GmbH Catalysts, 164 F.Supp. 2d 520,
`
`528.
`
`Exhibit 1003
`
`FRE 604, 702, 802, 901: Patent
`
`Owner objects to the content of Exhibit
`
`1003 to the extent that the declarant,
`
`Dr. Paul E. Koch, relies on Exhibit
`
`1005.
`
`4
`
`
`
`Dated: January 28, 2021
`
`Respectfully submitted,
`
`By: /David G. Wille/
`David G. Wille
`Reg. No. 38,363
`
`Lead Counsel for Patent Owner MacNeil
`IP LLC
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`
`In accordance with 37 C.F.R. § 42.6(e), the undersigned certifies that on the
`
`28th day of January 2021 a complete and entire copy of this PATENT OWNER’S
`
`OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PETITIONER’S EVIDENCE
`
`SUBMITTED WITH PETITION was served on Petitioner via email at the
`
`following correspondence addresses:
`
` walters@LoweGrahamJones.com;
`
` tpowers-PTAB@sternekessler.com;
`
` jfitzsimmons-PTAB@sternekessler.com;
`
` smerrill-PTAB@sternekessler.com;
`
` bamert@LoweGrahamJones.com; and
`
` PTAB@sternekessler.com.
`
`Date: January 28, 2021
`
`
`
`
`
`/Tracy Engberg/
`Tracy Engberg
`Senior Paralegal
`
`BAKER BOTTS L.L.P.
`
`6
`
`
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