`Patent 10,965,512 B2
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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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`VOLKSWAGEN GROUP OF AMERICA, INC. and
`MERCEDES-BENZ USA, LLC,1
`Petitioner,
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`v.
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`NEO WIRELESS LLC,
`Patent Owner.
`____________
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`Case IPR2022-01539
`Patent 10,965,512 B2
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`PATENT OWNER’S OBJECTIONS TO MERCEDES-BENZ USA, LLC’S
`EXHIBITS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`1 Mercedes-Benz USA, LLC filed a motion for joinder and a petition in
`IPR2023-00079, which were granted, and, therefore, has been joined as
`petitioner in this proceeding.
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Patent Owner Neo Wireless LLC hereby objects to the following
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`documents submitted by Petitioner Mercedes-Benz USA, LLC.
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`Nothing in this paper should be construed as an admission that any rights of
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`Patent Owner would have been waived or forfeited had the paper or any objection
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`herein not been filed, or that 37 C.F.R. § 42.64(b) applies to any of the objections
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`herein if § 42.64(b) would not otherwise apply. The objections herein are
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`premised upon § 42.64 potentially being determined to apply to the document in
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`question and are submitted solely to preserve the rights of Patent Owner should
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`§ 42.64(b) be determined to apply.
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`These objections are made concerning exhibits originally filed in joinder
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`IPR2023-00079, which the Board did not expressly state would be incorporated as
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`part of the record of joined IPR2022-01539. See IPR2023-00079, Paper 11, 11–
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`13. Therefore, these objections are filed only to the extent that these exhibits are or
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`become deemed to be part of the record of joined case IPR2022-01539, and are not
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`to be construed as an admission that these exhibits either are, or are appropriate to
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`be, added to the record of the joined case.
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`1.
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`Exhibit 1002
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R.
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`§ 42.51(b)(1), this document is incomplete and is not a copy which accurately
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`reproduces the original.
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`2.
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`Exhibit 1003, 1038
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`Under FRE 401/402/403/702, these documents include testimony not
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`relevant to the instituted review, because, among other things, it has not been
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`shown that the purportedly expert declarants are qualified to testify competently
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`regarding the matters the opinions are said to address, or that the declarants’
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`testimony is based on sufficient facts or data or arrived at by reliable principles,
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`procedures, or methods reliably applied to the facts of this case, or that the
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`declarants’ opinions will assist the trier of fact to understand the evidence or to
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`determine any fact in issue and does not have a greater potential to mislead than to
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`enlighten. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, these documents
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`include testimony that are not shown to be based on first-hand knowledge
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`including of how relied-upon data was generated, are based on speculation, and
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`constitute and contain inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. §
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`42.65, these documents do not disclose underlying facts and data. Under FRE
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`401/705 and 37 C.F.R. § 42.65, these documents include testimony on patent law
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`and practice.
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`3.
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`Exhibits 1004-1007, 1017
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`Under FRE 801/802, these documents constitute and contain inadmissible
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`hearsay to the extent Petitioner relies on them for the truth of the matters asserted
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`therein.
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`4.
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`Exhibits 1008, 1010-1014, 1016, 1018-1019, 1022, 1025-1028, 1030-1031
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`Under FRE 801/802, these documents constitute and contain inadmissible
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`hearsay to the extent Petitioner relies on them for the truth of the matters asserted
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`therein. Under FRE 401/402/403, these documents are inadmissible as irrelevant
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`because, among other things, they do not form a basis of the instituted grounds,
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`and their probative values are outweighed by other considerations including
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`prejudice, confusion and waste of time.
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`5.
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`Exhibit 1009, 1015, 1020-1021, 1023-1024
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`Under FRE 801/802, these documents constitute and contain inadmissible
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`hearsay. Under FRE 401/402/403, these documents are inadmissible as irrelevant
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`because, among other things, they do not form a basis of the instituted grounds,
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`and their probative values are outweighed by other considerations including
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`prejudice, confusion and waste of time. To the extent that these documents are
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`relied upon as evidence of prior art or of common knowledge or understanding of
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`persons in the art at the priority date at issue, they are inadmissible because they
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`have not been shown to qualify as prior art under, inter alia, 35 U.S.C. § 311(b),
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`and there is a lack of supporting documentation to demonstrate common
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`knowledge or understanding as of the priority date. Under FRE 901, these
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`documents are inadmissible because they have not been shown to be authenticated
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`or identified.
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`6.
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`Exhibit 1032-1037
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`Under FRE 801/802, these documents constitute and contain inadmissible
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`hearsay to the extent relied upon for the truth of the matter asserted. Under FRE
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`401/402/403, these documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, these documents are inadmissible because they have not
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`been shown to be authenticated or identified.
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`Respectfully submitted,
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`____/ Kenneth J. Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
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`Date: May 16, 2023
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`Case IPR2022-01539
`Patent 10,965,512 B2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following document was served by
`electronic service, by agreement between the parties, on the date signed below:
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`PATENT OWNER’S OBJECTIONS TO MERCEDES-BENZ USA, LLC’S
`EXHIBITS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`The names and address of the parties being served are as follows:
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`Celine J. Crowson
`Joseph J. Raffetto
`Scott Hughes
`Helen Y. Trac.
`Ryan C. Richardson
`David W. Haars
`Michael D. Specht
`Daniel E. Yonan
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`celine.crowson@hoganlovells.com
`joseph.raffetto@hoganlovells.com
`scott.hughes@hoganlovells.com
`helen.trac@hoganlovells.com
`rrichardson-PTAB@sternekessler.com
`dhaars-PTAB@sternekessler.com
`mspect-PTAB@sternekessler.com
`dyonan-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`Respectfully submitted,
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` / Robert Pistone /
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`Date: May 16, 2023
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