`U.S. Patent No. 8,166,081
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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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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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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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`IPR2021-01267
`U.S. Patent No. 8,166,081
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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 Petitioner
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`Hyundai Motor America’s (“Petitioner”) Reply to Patent Owner’s Response
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`(“Reply”) to Petitioner’s petition for inter partes review of U.S. Patent No.
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`8,166,081. Patent Owner’s objections are based on the Federal Rules of Evidence
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`(“FRE”) and relevant case law, as set forth below.
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`Exhibit 1028
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`Patent Owner objects to the admissibility of Exhibit 1028 under FRE 801,
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`802 (hearsay), and FRE 901 (authentication). In particular, Exhibit 1028 is not
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`testimony. Petitioner offers statements in this document, namely the alleged date
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`shown thereon, to prove the truth of the matter asserted (date of publication). See,
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`e.g., Reply 4-5 (relying on Exhibit 1028 for the proposition that “implementation
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`details were well known at the time,” indicating that Exhibit 1028 was published
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`and reflected the relevant POSITA knowledge). Petitioner has not established
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`Exhibit 1028 as self-authenticating, nor has Petitioner authenticated this document
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`as required by FRE 901. See, e.g., TRW Automotive U.S. LLC v. Magna Elecs.
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`Inc., IPR2014-01347, Paper 25 at 10-12 (PTAB Jan. 6, 2016) (granting motion to
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`exclude exhibit that was not self-authenticating and was not shown to be
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`authentic); In-Depth Geophysical, Inc. v. Conocophillips Co., IPR2019-00849,
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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`Paper 14 at 4-13 (PTAB Sept. 6, 2019) (informative) (copyright date of 2012 and a
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`date of September 2012 on exhibit’s cover were insufficient to show paper had
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`been disseminated by certain time).
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`Dated: July 19, 2022
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`Respectfully submitted,
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`/John Scheibeler/ (Electronically signed)
`John Scheibeler, Reg. No. 35,346
`Lead Counsel
`WHITE & CASE LLP
`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, CA 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
`Phone: 617-979-9344
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`Hallie Kiernan (pro hac vice)
`White & Case LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Phone: 212-819-8200
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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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 July 19, 2022, 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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`Ryan Yagura (Reg. No. 47,191)
`Nicholas J. Whilt (Reg. No. 72,081)
`Caitlin P. Hogan (Reg. No. 61,515)
`Clarence A. Rowland (Reg. No. 73,775)
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
` (213) 430-6000
`ryagura@omm.com
`nwhilt@omm.com
`chogan@omm.com
`crowland@omm.com
`StratosAudioHyundaiOMM@omm.com
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`Respectfully submitted,
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`/John Scheibeler/ (Electronically signed)
`John Scheibeler
`Reg. No. 35,346
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