IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
`
`
`
`v.
`
`
`
`STRATOSAUDIO, INC.,
`Patent Owner
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`
`
`
`U.S. Patent No. 8,166,081
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
`
`
`
`v.
`
`
`
`STRATOSAUDIO, INC.,
`Patent Owner
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
`
`
`
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner, StratosAudio, Inc.
`
`
`
`(“Patent Owner”) hereby objects to the admissibility of exhibits to the petition
`
`(“Petition” or “Pet.”) for inter partes review (“IPR”) of U.S. Patent 8,166,081 filed
`
`by Petitioner Volkswagen Group of America, Inc., (“Petitioner”). Patent Owner’s
`
`objections are based on the Federal Rules of Evidence (“FRE”) and relevant case
`
`law, as set forth below.
`
`Exhibit 1003
`
`Patent Owner objects to Exhibit 1003 to the extent it relies on any exhibit
`
`that is later deemed inadmissible (including Exhibits 1006, 1007, and 1008,
`
`discussed below) under FRE 401-402 (relevance) and FRE 403 (probative value
`
`outweighed by prejudice, confusing of issues, wasting time). See, e.g., In re
`
`Nuvasive, 842 F.3d 1376, 1380-81 (Fed. Cir. 2016) (defining substantial evidence
`
`as “such relevant evidence as a reasonable mind might accept as adequate to
`
`support a conclusion”); SK Innovation Co., Ltd. v. Celgard, LLC, IPR2014-00679,
`
`Paper 58, at 49 (PTAB Sept. 25, 2015) (granting a motion to exclude because the
`
`challenged exhibits were not cited in the IPR); Shimano, Inc. v. Globeride, Inc.,
`
`IPR2015-00273, Paper 40, at 27-28 (PTAB June 16, 2016) (excluding exhibits
`
`because the proffering party did not rely on those exhibits).
`
`
`
`
`2
`
`
`
`
`
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`Exhibit 1006
`
`Patent Owner objects to the admissibility of Exhibit 1006 under FRE 801-
`
`802 (hearsay) and FRE 901 (authentication). In particular, Exhibit 1006 is not
`
`testimony. Petitioner offers statements in this document, namely the alleged date
`
`shown thereon, to prove the truth of the matter asserted (date of public
`
`accessibility). See, e.g., Pet. iv. Petitioner has not established Exhibit 1006 as self-
`
`authenticating, nor has Petitioner authenticated this document as required by FRE
`
`901. See, e.g., TRW Automotive U.S. LLC v. Magna Elecs. Inc., IPR2014-01347,
`
`Paper 25 at 10-12 (PTAB Jan. 6, 2016) (granting motion to exclude exhibit that
`
`was not self-authenticating and was not shown to be authentic).
`
`Exhibit 1007
`
`Patent Owner objects to the admissibility of Exhibit 1007 under FRE 801-
`
`802 (hearsay) and FRE 901 (authentication). In particular, Exhibit 1007 is not
`
`testimony. Petitioner offers statements in this document, namely the alleged date
`
`shown thereon, to prove the truth of the matter asserted (date of public
`
`accessibility). See, e.g., Pet. iv. Petitioner has not established Exhibit 1007 as self-
`
`authenticating, nor has Petitioner authenticated this document as required by FRE
`
`901. See, e.g., TRW Automotive U.S. LLC, Paper 25 at 10-12 (granting motion to
`
`
`
`
`3
`
`
`
`
`
`
`
`exclude exhibit that was not self-authenticating and was not shown to be
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`authentic).
`
`Exhibit 1008
`
`Patent Owner objects to the admissibility of Exhibit 1008 under FRE 801-
`
`802 (hearsay) and FRE 901 (authentication). In particular, Exhibit 1008 is not
`
`testimony. Petitioner offers statements in this document, namely the alleged date
`
`shown thereon, to prove the truth of the matter asserted (date of public
`
`accessibility). See, e.g., Pet. iv, 64-65. Petitioner has not established Exhibit 1008
`
`as self-authenticating, nor has Petitioner authenticated this document as required
`
`by FRE 901. See, e.g., TRW Automotive U.S. LLC, Paper 25 at 10-12 (granting
`
`motion to exclude exhibit that was not self-authenticating and was not shown to be
`
`authentic).
`
`
`
`Dated: November 5, 2021
`
`
`
`Respectfully submitted,
`
`/John Scheibeler/
`John Scheibeler
`Reg. No. 35,346
`
`WHITE & CASE LLP
`
`John Scheibeler, Reg. No. 35,346
`White & Case LLP
`1221 Avenue of the Americas
`4
`
`
`
`
`
`
`
`
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`New York, NY 10020-1095
`Phone: 212-819-8200
`
`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
`
`Ashley T. Brzezinski, Reg. 58,651
`Back-Up Counsel
`White & Case LLP
`75 State Street
`Boston, MA 02109
`(617) 979-9344
`
`Hallie Kiernan (pro hac vice pending)
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
`
`
`
`
`
`
`5
`
`
`
`
`
`
`
`
`
`IPR2021-00721
`U.S. Patent No. 8,166,081
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent Owner’s
`
`Objections to Petitioner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(1) was served
`
`on November 5, 2021, by filing this document through the PTAB E2E System, as
`
`well as delivering a copy via electronic mail upon the following attorneys of record
`
`for Petitioner:
`
`
`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
`
`
`Respectfully submitted,
`
`
`
`
`
`/John Scheibeler/
`John Scheibeler
`Reg. No. 35,346
`
`
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
