`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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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO INC.,
`Patent Owner.
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`______________________________________________
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`Case IPR2021-01303
`U.S. Patent No. 8,688,028
`______________________________________________
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`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EVIDENCE
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`IPR2021-01303
`U.S. Patent No. 8,688,028
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`I.
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`INTRODUCTION
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`Under the Federal Rules of Evidence and 37 C.F.R. § 42.64, Hyundai Motor
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`America (“Petitioner”) timely objects to evidence submitted by StratosAudio, Inc.
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`(“Patent Owner”) in this proceeding. Petitioner may move to exclude the
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`challenged exhibits under 37 C.F.R. § 42.64(c) unless Patent Owner provides
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`evidence curing the objections identified by Petitioner below.
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`II. SPECIFIC OBJECTIONS
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`A. Exhibit 2014 – Oct. 8, 2003 Hyundai Autonet Press Release
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`Petitioner objects to Exhibit 2014 (a) under Federal Rules of Evidence
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`(“FRE”) 901 because Patent Owner has not produced any evidence sufficient to
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`support a finding that the item is what the proponent claims it is, and (b) under FRE
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`802 as containing hearsay, and Patent Owner has not identified any applicable
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`hearsay exceptions.
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`B. Exhibit 2015 – Dec. 20, 2003 StratosAudio Press Release
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`Petitioner objects to Exhibit 2015 (a) under FRE 901 because Patent Owner
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`has not produced any evidence sufficient to support a finding that the item is what
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`the proponent claims it is, and (b) under FRE 802 as containing hearsay, and Patent
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`Owner has not identified any applicable hearsay exceptions.
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`2
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`IPR2021-01303
`U.S. Patent No. 8,688,028
`C. Exhibit 2016 – Feb. 20, 2004 StratosAudio Press Release
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`Petitioner objects to Exhibit 2016 (a) under FRE 901 because Patent Owner
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`has not produced any evidence sufficient to support a finding that the item is what
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`the proponent claims it is, and (b) under FRE 802 as containing hearsay, and Patent
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`Owner has not identified any applicable hearsay exceptions.
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`D. Exhibit 2017 – Wayback Machine
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`Petitioner objects to Exhibit 2017 (a) under FRE 901 because Patent Owner
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`has not produced any evidence sufficient to support a finding that the item is what
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`the proponent claims it is, and (b) under FRE 802 as containing hearsay, and Patent
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`Owner has not identified any applicable hearsay exceptions.
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`E. Exhibit 2018 – Transcript from Deposition of Kevin Almeroth
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`Petitioner preserves all of the objections that were made on the record during
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`the Deposition of Kevin Almeroth.
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`F. Exhibit 2020 – Declaration of John C. Hart
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`Petitioner objects to Exhibit 2020 under FRE 701-705 and 802 because John
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`Hart has not been made available for deposition, and Petitioner reserves the right to
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`raise any additional objections that become apparent from his deposition at that
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`time if he is made available for deposition.
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`3
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`IPR2021-01303
`U.S. Patent No. 8,688,028
`CERTIFICATE OF SERVICE
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`The undersigned certifies pursuant to 37 C.F.R. §§42.6(e) and 42.105 that on
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`April 26, 2022, a true and correct copy of Petitioner’s Objections to Patent
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`Owner’s Evidence was served via electronic mail on the below counsel of record:
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`David M. Tennant
`USPTO Reg. No. 48,362
`White & Case LLP
`701 Thirteenth Street, NW
`Washington, DC 20005
`dtennant@whitecase.com
`Phone: 202-626-3684
`Fax: 202-639-9355
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`Jonathan Lamberson
`Registration No. 57,352
`WHITE & CASE LLP
`2 Palo Alto Square, Suite 900
`3000 El Camino Real
`Palo Alto, California 94306-2109
`650-213-0384 (phone)
`jonathan.lamberson@whitecase.com
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`Grace I. Wang
`Registration No. 69,892
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, NY 10020-1095
`212-819-8574 (phone)
`grace.wang@whitecase.com
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`Ashley T. Brzezinski
`Registration No. 68,651
`WHITE & CASE LLP
`75 State Street
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`IPR2021-01303
`U.S. Patent No. 8,688,028
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`Boston, MA 02109
`617-979-9344 (phone)
`ashley.brzezinski@whitecase.com
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`Victoria A. Moffa
`White & Case LLP
`701 Thirteenth Street, NW
`Washington, DC 20005-3807
`202-626-3600 (phone)
`victoria.moffa@whitecase.com
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`WCStratosAudioIPR@whitecase.com
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`Respectfully submitted,
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`/s/ Ryan K. Yagura
`Ryan K. Yagura (Reg. No. 47,191)
`E-Mail: ryagura@omm.com
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Attorney for Petitioner
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