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`Paper No. __
`Filed: December 29, 2021
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________
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`TIANMA MICROELECTRONICS CO. LTD.,
`Petitioner,
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`v.
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`JAPAN DISPLAY INC. and PANASONIC LIQUID CRYSTAL
`DISPLAY CO., LTD.,
`Patent Owner.
`_____________________________
`
`Case No. IPR2021-01028
`U.S. Patent No. 9,793,299
`_____________________________
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EXHIBITS
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`U.S. Patent 9,793,299
`IPR2021-01028
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits the following
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`objections to certain exhibits submitted by Patent Owner. Petitioner’s objections
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`apply equally to Patent Owner’s reliance on these exhibits in any subsequently filed
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`documents. Petitioner objects to the following exhibits.
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`Exhibit 2009
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`Petitioner objects to Exhibit 2009 as lacking authentication under FRE 901
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`because sufficient evidence has not been provided to establish its authenticity, date,
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`or public availability. Patent Owner has not submitted evidence to authenticate this
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`exhibit or to otherwise establish that it is what Patent Owner claims it to be.
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`Petitioner also objects to Exhibit 2009 as irrelevant, prejudicial, confusing,
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`and/or a waste of time under FRE 401, 402, and 403, as there is no admissible
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`evidence establishing
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`its public availability. Additionally, Patent Owner’s
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`Preliminary Response does not cite Ex. 2009 at all. At least the uncited portions are
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`irrelevant, and even if some portions were deemed relevant, they are prejudicial,
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`confusing, or a waste of time. FRE 401, 402, and 403.
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`Petitioner also objects to Exhibit 2009 under FRE 801, 802, and 805 as
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`containing hearsay and/or hearsay within hearsay. To the extent Patent Owner relies
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`on the content of this exhibit for the truth of the matter asserted, Petitioner objects
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`to such content as inadmissible hearsay and/or hearsay within hearsay that does not
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`fall under any exceptions.
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`1
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`U.S. Patent 9,793,299
`IPR2021-01028
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`Exhibit 2010
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`Petitioner objects to paragraph 41 of Ex. 2010 as relying on unauthenticated
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`and hearsay evidence (e.g., Exhibit 2009). Patent Owner also objects to this
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`paragraph as irrelevant and more prejudicial than probative as being based on
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`inadmissible evidence under FRE 401, 402, 403. And until Patent Owner provides
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`the declarant for cross-examination, Exhibit 2010 is inadmissible hearsay. FRE 802.
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`Dated: December 29, 2021
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`Respectfully submitted,
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`By: /Joshua L. Goldberg/
` Joshua L. Goldberg, Reg. No. 59,369
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`2
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`U.S. Patent 9,793,299
`IPR2021-01028
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
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`Objections to Patent Owner’s Exhibits was served on December 29, 2021, via
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`email directed
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`to counsel of
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`record
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`for Patent Owner at Tianma-
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`JDIVETeam@velaw.com and the following:
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`Eric J. Klein (Reg. No. 51,888)
`eklein@velaw.com
`VINSON & ELKINS L.L.P.
`2001 Ross Avenue, Suite 3900
`Dallas, TX 75201
`Tel: (214) 220-7700
`Fax: (214) 220-7716
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`
`
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`Dated: December 29, 2021
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`Abigail Lubow (Reg. No. 75,839)
`alubow@velaw.com
`VINSON & ELKINS L.L.P.
`555 Mission Street, Suite 2000
`San Francisco, CA 94105
`Tel: (415) 979-6963
`Fax: (415) 358-5770
`
`Jeffrey R. Swigart (Reg. No. 77,008)
`jswigart@velaw.com
`VINSON & ELKINS L.L.P.
`2001 Ross Avenue, Suite 3900
`Dallas, TX 75201-2975
`Tel: (214) 220-7700
`Fax: (214) 220-7716
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`
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`By: /Valencia Daniel/
`Valencia Daniel
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
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