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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT and
`BMW OF NORTH AMERICA, LLC,
`Petitioners,
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`v.
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`PAICE LLC and THE ABELL FOUNDATION, INC.,
`Patent Owners.
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`Case IPR2020-01386
`Patent 7,237,634
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`PATENT OWNERS’ OBJECTIONS TO EVIDENCE
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`Attorney Docket: 36351-0018IP1
`Case IPR2020-01386
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owners, Paice LLC and the
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`Abell Foundation, Inc. hereby submit the following objections to evidence in
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`Petitioners’ Reply of July 26, 2021.
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`Evidence
`Exhibit 1088
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`Exhibit 1090
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`Exhibit 1091
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`Objections
`FRE 402/602/702/703: The declarant provides opinions
`that are not based on sufficient facts or data, or ones that he
`has been made aware of or personally observed; has not
`applied reliable principles and methods; and has not
`reliably applied such principles and methods to the facts of
`the case. See, e.g., ¶¶ 7-103.
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`37 C.F.R. § 42.65(a): the declarant fails to identify with
`particularity the underlying facts or data on which his
`opinions are based. See, e.g., ¶¶ 7-103.
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`Patent Owners further object to this exhibit to the extent it
`relies on or incorporates inadmissible exhibits.
`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
`publication date.
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`FRE 402. This exhibit is not relevant to any ground
`upon which this trial was instituted.
`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
`publication date.
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`Exhibit 1092
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`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
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`2
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`Attorney Docket: 36351-0018IP1
`Case IPR2020-01386
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`Exhibit 1098
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`Exhibit 1099
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`Exhibit 1100
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`Exhibit 1104
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`Exhibit 1107
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`Exhibit 1108
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`publication date.
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`FRE 402. This exhibit is not relevant to any ground
`upon which this trial was instituted.
`FRE 402. This exhibit is not relevant to any ground
`upon which this trial was instituted.
`FRE 402. This exhibit is not relevant to any ground
`upon which this trial was instituted.
`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
`publication date.
`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
`publication date.
`FRE 901. Petitioners have not properly authenticated or
`identified this document, and have not established the
`publication date.
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`For at least these reasons, Petitioner objects to Exhibit(s) 1088 and 1090 –
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`1092, 1098-1100, 1104, 1107, and 1108. Petitioner reserves the right to move to
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`exclude Exhibit(s) 1088 and 1090 – 1092, 1098-1100, 1104, 1107, and 1108.
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`Date: August 2, 2021
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (202) 783-5070
`Facsimile: (877) 769-7945
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`Respectfully submitted,
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`
` /Brian J. Livedalen/
`Ruffin B. Cordell, Reg. No. 33,487
`Timothy W. Riffe, Reg. No. 43,881
`Brian J. Livedalen, Reg. No. 67,450
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`3
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`Attorney Docket: 36351-0018IP1
`Case IPR2020-01386
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4), the undersigned certifies that on August
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`2, 2021, a complete and entire copy of this Patent Owners’ Objections to Evidence
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`was provided via email to the Petitioner by serving the correspondence email
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`addresses of record as follows:
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`Jeffrey D. Sanok
`Vincent J. Galluzzo
`Crowell & Moring LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
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`Scott L. Bittman
`Jacob Z. Zambrzycki
`Crowell & Moring LLP
`Intellectual Property Group
`590 Madison Avenue, 20th Floor
`New York, NY 10022-2544
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`Email: jsanok@crowell.com
`Email: vgalluzzo@crowell.com
`Email: sbittman@crowell.com
`Email: jzambrzycki@crowell.com
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`4
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`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
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