`U.S. Patent No. 8,688,028
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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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`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`1
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner, StratosAudio, Inc.
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`(“Patent Owner”) hereby objects to the admissibility of exhibits to the petition
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`(“Petition” or “Pet.”) for inter partes review (“IPR”) of U.S. Patent 8,688,028 filed
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`by Petitioner Volkswagen Group of America, Inc., (“Petitioner”). Patent Owner’s
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`objections are based on the Federal Rules of Evidence (“FRE”) and relevant case
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`law, as set forth below.
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`Exhibit 1003
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`Patent Owner objects to the admissibility of Exhibit 1003 under FRE 401-
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`402 (relevance) and FRE 403 (probative value outweighed by prejudice, confusing
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`of issues, wasting time). In particular, paragraphs of Exhibit 1003 are neither cited
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`nor relied on in the Petition. See, e.g., EX1003, ¶¶ 32, 35, 39, 50, 68, 80, 83, 89.
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`Thus, portions of Exhibit 1003 are irrelevant, or at least, their probative value is
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`substantially outweighed by a danger of unfair prejudice or confusing the issues.
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`See, e.g., In re Nuvasive, 842 F.3d 1376, 1380-81 (Fed. Cir. 2016) (defining
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`substantial evidence as “such relevant evidence as a reasonable mind might accept
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`as adequate to support a conclusion”); SK Innovation Co., Ltd. v. Celgard, LLC,
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`IPR2014-00679, Paper 58, at 49 (PTAB Sept. 25, 2015) (granting a motion to
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`exclude because the challenged exhibits were not cited in the IPR); Shimano, Inc.
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`2
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`v. Globeride, Inc., IPR2015-00273, Paper 40, at 27-28 (PTAB June 16, 2016)
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`(excluding exhibits because the proffering party did not rely on those exhibits).
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`Dated: November 8, 2021
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`Respectfully submitted,
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` /John Scheibeler/
`John Scheibeler
`Reg. No. 35,346
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`WHITE & CASE LLP
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`John Scheibeler, Reg. No. 35,346
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
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`Jonathan Lamberson, Reg. No. 57,352
`Back-Up Counsel
`White & Case LLP
`2 Palo Alto Square, Suite 900
`3000 El Camino Real
`Palo Alto, California 94306-2109
`Phone: 650-213-0384
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`Ashley T. Brzezinski, Reg. No. 58,651
`Back-Up Counsel
`White & Case LLP
`75 State Street
`Boston, MA 02109
`(617) 979-9344
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`Hallie Kiernan (pro hac vice pending)
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
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`3
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Objections to Petitioner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(1)
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`was served on November 8, 2021, by filing this document through the PTAB E2E
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`System, as well as delivering a copy via electronic mail upon the following
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`attorneys of record for Petitioner:
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`Eric S. Lucas (Reg. No. 76,434)
`David J. Cooperberg (Reg. No. 63,250)
`Mark A. Hannemann (pro hac vice)
`Thomas R. Makin (pro hac vice)
`Shearman & Sterling LLP
`599 Lexington Ave.
`New York, NY 10022
`Phone: (212) 848-7696
`VW-Stratos@Shearman.com
`Eric.Lucas@Shearman.com
`David.Cooperberg@Shearman.com
`Mark.Hannemann@Shearman.com
`Thomas.Makin@Shearman.com
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`Respectfully submitted,
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` /John Scheibeler/
`John Scheibeler
`Reg. No. 35,346
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