UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`META PLATFORMS, INC.
`Petitioner
`
`v.
`
`THALES VISIONIX, INC.
`Patent Owner
`
`U.S. PATENT NO. 6,922,632 B2
`
`IPR2022-01305
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`March 27, 2023
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`META PLATFORMS, INC.
`Petitioner
`
`v.
`
`THALES VISIONIX, INC.
`Patent Owner
`
`U.S. PATENT NO. 6,922,632 B2
`
`IPR2022-01305
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`March 27, 2023
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner hereby objects to
`
`paragraphs 55–230 of Dr. Ulrich Neumann’s declaration (Exhibit 1005) under
`
`Federal Rules of Evidence 401 and 402. Those paragraphs are not directed to
`
`arguments made in this Petition; rather, they are directed to arguments made in the
`
`first petition against U.S. Patent No. 6,922,632—IPR2022-01304—and thus they
`
`bear no relevance to the arguments raised in this Petition.
`
`Patent Owner also objects to paragraphs 22–31, 33–36, 38–55, and 58–231
`
`of Dr. Neumann’s declaration (Exhibit 1005), because the Petition does not
`
`reference those paragraphs in any manner. As Petitioner itself has deemed those
`
`portions to be irrelevant to the issues raised in the Petition, the Board should ignore
`
`them under Federal Rules of Evidence (“FRE”) 401 and 402.
`
`For similar reason, Patent Owner objects to Exhibit 1003 (Patent No. ’253),
`
`Exhibit 1004 (File History Patent No. ’253), Exhibit 1006 (Neumann CV), Exhibit
`
`1016 (Reitmayr), Exhibit 1017 (Barfield), Exhibit 1021 (Delman declaration),
`
`Exhibit 1022 (Patent No. ’284), Exhibit 1023 (Patent No. ’085), Exhibit 1025
`
`(Hoff), Exhibit 1026 (Zetu), Exhibit 1027 (Waters declaration), Exhibit 1028
`
`(MacPherson declaration), Exhibit 1029 (MacPherson declaration), and Exhibit
`
`1030 (Patent No. ’401) because Petitioner does not rely on those exhibits in its
`
`Petition. In fact, Petitioner does not even reference those exhibits, save in its table
`
`of exhibits. Because Petitioner itself deemed those documents to be irrelevant to the
`
`1
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`issues raised in the Petition, the Board should ignore them as well under FRE 401
`
`and 402.
`
`Patent Owner also objects to Exhibits 1003, 1004, 1006, 1016, 1017, 1021,
`
`1022, 1023, 1025, 1026, 1027, 1028, 1029, and 1030 under 37 C.F.R. § 42.123 to
`
`the extent Petitioner listed those documents in its Petition, but did not reference
`
`them, in an attempt to later circumvent the rule requiring prior Board approval before
`
`submitting supplemental information.
`
`Patent Owner objects to Exhibit 1006 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1007 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1007 as irrelevant because it is not a patent or printed
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1007
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1007 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1007 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`2
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`Patent Owner objects to Exhibit 1008 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1008 as irrelevant because it is not a patent or printed
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1008
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1008 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1008 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1009 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1009 as irrelevant because it is not a patent or printed
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1009
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1009 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`3
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`Owner further objects to Exhibit 1009 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1010 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403. Patent Owner further objects to Exhibit 1010 under
`
`FRE 602 for lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1011 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403. Patent Owner further objects to Exhibit 1011 under
`
`FRE 602 for lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1012 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, and a post-priority document. Patent Owner further
`
`objects to Exhibit 1012 as insufficiently authenticated under FRE 901 and not self-
`
`authenticating under FRE 902. Patent Owner further objects to Exhibit 1012 under
`
`FRE 801, 802, and 803 as containing inadmissible hearsay not falling within any
`
`exception for which Petitioner relies upon for the truth of the matters asserted, and
`
`that is not provided in the form of direct testimony meeting the requirements of 37
`
`C.F.R. § 42.53. Patent Owner further objects to Exhibit 1012 under FRE 602 for
`
`lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1013 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1013 as irrelevant because it is not a patent or printed
`
`4
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1013
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1013 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1013 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1014 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1014 as insufficiently authenticated under FRE 901 and
`
`not self-authenticating under FRE 902. Patent Owner further objects to Exhibit 1014
`
`under FRE 801, 802, and 803 as containing inadmissible hearsay not falling within
`
`any exception for which Petitioner relies upon for the truth of the matters asserted,
`
`and that is not provided in the form of direct testimony meeting the requirements of
`
`37 C.F.R. § 42.53. Patent Owner further objects to Exhibit 1014 under FRE 602 for
`
`lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1015 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1015 as insufficiently authenticated under FRE 901 and
`
`5
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`not self-authenticating under FRE 902. Patent Owner further objects to Exhibit 1015
`
`under FRE 801, 802, and 803 as containing inadmissible hearsay not falling within
`
`any exception for which Petitioner relies upon for the truth of the matters asserted,
`
`and that is not provided in the form of direct testimony meeting the requirements of
`
`37 C.F.R. § 42.53. Patent Owner further objects to Exhibit 1015 under FRE 602 for
`
`lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1016 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1016 as irrelevant because it is not a patent or printed
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1016
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1016 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1016 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1017 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1017 as irrelevant because it is not a patent or printed
`
`6
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1017
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1017 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1017 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1018 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1019 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1020 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1021 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1022 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403. Patent Owner further objects to Exhibit 1022 under
`
`FRE 602 for lack of foundation and lack of personal knowledge.
`
`7
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`Patent Owner objects to Exhibit 1023 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403. Patent Owner further objects to Exhibit 1023 under
`
`FRE 602 for lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1024 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1024 as irrelevant because it is not a patent or printed
`
`publication under 35 U.S.C. § 311(b). Patent Owner further objects to Exhibit 1024
`
`as insufficiently authenticated under FRE 901 and not self-authenticating under FRE
`
`902. Patent Owner further objects to Exhibit 1024 under FRE 801, 802, and 803 as
`
`containing inadmissible hearsay not falling within any exception for which
`
`Petitioner relies upon for the truth of the matters asserted, and that is not provided in
`
`the form of direct testimony meeting the requirements of 37 C.F.R. § 42.53. Patent
`
`Owner further objects to Exhibit 1024 under FRE 602 for lack of foundation and
`
`lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1025 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1025 as insufficiently authenticated under FRE 901 and
`
`not self-authenticating under FRE 902. Patent Owner further objects to Exhibit 1025
`
`under FRE 801, 802, and 803 as containing inadmissible hearsay not falling within
`
`any exception for which Petitioner relies upon for the truth of the matters asserted,
`
`8
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`and that is not provided in the form of direct testimony meeting the requirements of
`
`37 C.F.R. § 42.53. Patent Owner further objects to Exhibit 1025 under FRE 602 for
`
`lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1026 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403, including because it is not prior art. Patent Owner
`
`further objects to Exhibit 1026 as insufficiently authenticated under FRE 901 and
`
`not self-authenticating under FRE 902. Patent Owner further objects to Exhibit 1026
`
`under FRE 801, 802, and 803 as containing inadmissible hearsay not falling within
`
`any exception for which Petitioner relies upon for the truth of the matters asserted,
`
`and that is not provided in the form of direct testimony meeting the requirements of
`
`37 C.F.R. § 42.53. Patent Owner further objects to Exhibit 1026 under FRE 602 for
`
`lack of foundation and lack of personal knowledge.
`
`Patent Owner objects to Exhibit 1027 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1028 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`Patent Owner objects to Exhibit 1029 under FRE 702, 703, and 37 C.F.R.
`
`§ 42.65 as offering inadmissible expert testimony.
`
`9
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`Patent Owner objects to Exhibit 1030 as irrelevant and unduly prejudicial
`
`under FRE 401, 402, and 403. Patent Owner further objects to Exhibit 1030 under
`
`FRE 602 for lack of foundation and lack of personal knowledge.
`
`
`
`March 27, 2023
`
`Respectfully submitted,
`
`
`
`D. Shayon Ghosh
`(Reg. No. 75,865)
`Gentex-IPR@wc.com
`
`Arthur J. Argall III
`(Reg. No. 73,005)
`Gentex-IPR@wc.com
`
`Adam D. Harber
`(pro hac vice motion
`forthcoming)
`Gentex-IPR@wc.com
`
`WILLIAMS & CONNOLLY LLP
`680 Maine Avenue SW
`Washington, DC 20024
`202.434.5000
`
`Counsel for Real-Party-in-
`Interest Gentex Corporation
`
`/s/Meredith Martin Addy
`Meredith Martin Addy
`(Reg. No. 37,883)
`meredith@addyhart.com
`ADDYHART P.C.
`10 Glenlake Parkway, Suite 130
`Atlanta, Georgia 30328
`312.320.4200
`Robert Hart
`(Reg. No. 35,184)
`robert@addyhart.com
`Gregory B. Gulliver
`(Reg. No. 44,138)
`gbgulliver@addyhart.com
`Brandon C. Helms
`bhelms@addyhart.com
`(Reg. No. 61,742)
`ADDYHART P.C.
`401 N. Michigan Ave., Suite 1200-1
`Chicago, Illinois 60611
`732.991.7285
`Counsel for Patent Owner Thales
`Visionix, Inc.
`
`
`
`
`10
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01305 U.S. Patent No. 6,922,632 B2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that Patent Owner
`
`Thales Visionix Inc. and licensee Gentex Corp. served the foregoing Patent Owner’s
`
`Objections to Petitioner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(1) on the
`
`counsel of record for Petitioner Meta Platforms, Inc. by filing this document through
`
`the P-TACTS, as well as delivering a copy via electronic mail to the following:
`
`W. Todd Baker
`todd.baker@kirkland.com
`
`
`Yimeng Dou
`yimeng.dou@kirkland.com
`
`Ellisen Shelton Turner
`ellisen.turner@kirkland.com
`
`
`Akshay S. Deoras
`akshay.deoras@kirkland.com
`
`Date: March 27, 2023
`
`
`By: /s/ Meredith Martin Addy
`Meredith Martin Addy
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`IPR2022-01298, U.S. Patent No. 7,301,648
`
`
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