`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`APPLIED MATERIALS, INC.
`
`Petitioner,
`
`v.
`
`OCEAN SEMICONDUCTOR LLC,
`
`Patent Owner.
`
`_____________________
`
`Case IPR: IPR2021-01342
`U.S. Patent No. 6,968,248
`_____________________
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64, Petitioner Applied Materials, Inc.
`
`(“Petitioner”) asserts the following objections to evidence served with Patent
`
`Owner’s Sur-Reply (Paper 38) submitted on September 9, 2022 by Ocean
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`Semiconductor LLC (“Ocean” or “Patent Owner”), within five (5) business days as
`
`provided in 37 C.F.R. § 42.64(b)(1). The Federal Rules of Evidence apply to these
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`proceedings under 37 C.F.R. § 42.62(a), which form the bases for these objections.
`
`See CTPG at 8.
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`Petitioner objects to Exhibit 2044, the uncertified rough draft of the
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`deposition of Dr. Stanley Shanfield,1 on the grounds that it contains transcription
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`errors and is misleading, incomplete, and prejudicial under Fed. R. Evid. 403, as
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`well as lacking authentication under Fed. R. Evid. 901, and exceeds the scope
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`permitted by 37 C.F.R. § 42.23(b). See also Cal. Code Civ. Proc. § 2025.540(b)
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`(“When prepared as a rough draft transcript, the transcript of the deposition may
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`not be certified and may not be used, cited, or transcribed as the certified transcript
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`of the deposition proceedings”). Ocean completed the deposition on the agreed
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`date of August 29, 2022, which allowed sufficient time to order and receive the
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`
`1 The notation in the uncertified rough draft that counsel agreed to waive
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`certification, see Ex. 2044 at 4:4-8, is incorrect, and the court reporter has been
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`notified of the error.
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`2
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`
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`final certified transcript to be attached as an exhibit to the sur-reply.2 Accordingly,
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`Petitioner further objects to any untimely supplementation or substitution of
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`Exhibit 2044 by Ocean after the sur-reply deadline of September 9, 2022.
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`
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`Dated: September 13, 2022
`
`
`
`
`Respectfully submitted,
`
`/Eric A. Krause/
`Eric A. Krause (Reg. No. 62,329)
`Attorney for Petitioner
`
`Axinn Veltrop & Harkrider LLP
`55 Second Street
`San Francisco, CA 94105
`(415) 490-1491
`
`
`2 The original sur-reply deadline was September 7, 2022. See Paper 18 at 12 (Due
`
`Date 3).
`
`3
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the above-captioned Petitioner’s
`
`Objections to Patent Owner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(1) was
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`served on September 13, 2022 upon the following Parties via email:
`
`
`Timothy Devlin (Lead Counsel)
`Alex Chan (Backup Counsel)
`Joel W. Glazer (Backup Counsel)
`Henrik Parker (Backup Counsel)
`Joseph Zito (Backup Counsel)
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`TD-PTAB@devlinlawfirm.com
`achan@devlinlawfirm.com
`jglazer@devlinlawfirm.com
`hparker@devlinlawfirm.com
`pmazur@devlinlawfirm.com
`jzito@devlinlawfirm.com
`dlflitparas@devlinlawfirm.com
`oceansemi-dlf@devlinlawfirm.com
`
`
`
`Dated: September 13, 2022k
`
`
`
`
`/Eric A. Krause/
`Eric A. Krause (Reg. No. 62,329)
`Attorney for Petitioner
`
`Axinn, Veltrop & Harkrider LLP
`55 Second Street
`San Francisco, CA 94105
`(415) 490-1491
`
`
`
`
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