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`Entered: July 12, 2021
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
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`PHILIP MORRIS PRODUCTS, S.A.,
`Petitioner,
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`v.
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`RAI STRATEGIC HOLDINGS, INC.,
`Patent Owner.
`_______________________
`Case IPR2020-01602
`Patent 9,901,123
`______________________
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
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`IPR2020-01602 (USP 9,901,123)
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` Petitioner’s Objections to Evidence
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Philip Morris Products, S.A.
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`(“Petitioner”), submits the following objections to evidence submitted by Patent
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`Owner RAI Strategic Holdings, Inc. (“Patent Owner”). Petitioner’s objections apply
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`equally to Patent Owner’s reliance on this evidence in any subsequently filed
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`documents or further proceedings in this matter. These objections are timely, having
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`been filed and served within five business days of service. Notwithstanding these
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`objections, Petitioner expressly reserves the right to rely on any evidence submitted
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`by Patent Owner, including on the ground that such evidence constitutes a party
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`admission.
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`Objections
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`Exhibit 2010
`Petitioner objects to this exhibit as hearsay not falling under any exception,
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`and as improper expert testimony under FRE 702 and 703, to the extent it
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`impermissibly acts as a conduit for hearsay, including the hearsay objected to herein,
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`and does not rely on the kinds of facts or data that experts in the relevant field would
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`reasonably rely on in forming an opinion on the subject without providing the
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`underlying facts, data, and other required disclosures.
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`Exhibit 2012-2015
`Petitioner objects to these exhibits as not properly authenticated under FRE
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`901 because Patent Owner has not presented sufficient evidence to show that they
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`1
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`IPR2020-01602 (USP 9,901,123)
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` Petitioner’s Objections to Evidence
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`are authentic or self-authenticating under FRE 902. To the extent Patent Owner
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`relies on these documents for the truth of the matter asserted, Petitioner objects to
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`these exhibits as inadmissible hearsay under FRE 801 and 802 that does not fall
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`under any exceptions, including those of FRE 803, 804, 805, or 807.
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`Dated: July 12, 2021
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`Respectfully submitted,
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`By: / Jonathan M. Strang /
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`Jonathan M. Strang (Reg. No. 61,724)
`jonathan.strang@lw.com
`Latham & Watkins LLP
`555 Eleventh Street, NW, Ste. 1000
`Washington, D.C. 20004-1304
`Telephone: 202.637.2200
`Fax: 202.637.2201
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`Counsel for Petitioner
`Philip Morris Products, S.A.
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`2
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`IPR2020-01602 (USP 9,901,123)
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` Petitioner’s Objections to Evidence
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 12th day of July, 2021,
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`a true and correct copy of the foregoing Petitioner’s Objections to Patent Owner’s
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`Evidence was served by electronic mail on Patent Owner’s lead and backup counsel
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`at the following email addresses:
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`David M. Maiorana (Reg. No. 41,449)
`Kenneth S. Luchesi (Reg. No. 58,673)
`David B. Cochran (Reg. No. 39,142)
`Jones Day
`901 Lakeside Avenue
`Cleveland, OH 44114
`Tel: 216.586.3939
`Fax: 216.579.0212
`Email: dmaiorana@jonesday.com
`Email: kluchesi@jonesday.com
`Email: dcochran@jonesday.com
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`Anthony M. Insogna (Reg. No. 35,203)
`Jones Day
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`Tel: 858.314.1200
`Fax: 844.345.3178
`Email: aminsogna@jonesday.com
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`Geoffrey K. Gavin (Reg. No. 47,591)
`Jones Day
`1420 Peachtree Street, N.E., Suite 800
`Atlanta, GA 30309-3053
`Tel: 404.521.3939
`Fax: 404.581.8330
`Email: ggavin@jonesday.com
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`Joshua R. Nightingale (Reg. No. 67,865)
`Jones Day
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` Petitioner’s Objections to Evidence
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`By: / Jonathan M. Strang /
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`Jonathan M. Strang (Reg. No. 61,724)
`jonathan.strang@lw.com
`Latham & Watkins LLP
`555 Eleventh Street, NW, Ste. 1000
`Washington, D.C. 20004-1304
`Telephone: 202.637.2200
`Fax: 202.637.2201
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`Counsel for Petitioner
`Philip Morris Products, S.A.
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`IPR2020-01602 (USP 9,901,123)
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`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219-2514
`Tel: 412.391.3939
`Fax: 412.394.7959
`Email: jrnightingale@jonesday.com
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`George N. Phillips (Reg. No. 68,001)
`Jones Day
`250 Vesey Street
`New York, NY 10281-1047
`Tel: 212.326.3939
`Fax: 212.755.7306
`Email: gphillips@jonesday.com
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