`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
`v.
`NEO WIRELESS, LLC,
`Patent Owner
`
`___________________
`
`Case IPR2022-01539
`Patent 10,965,512
`___________________
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`Case IPR2022-01539
`U.S. Patent No. 10,965,512
`Petitioner Volkswagen Group of America, Inc. (“Petitioner”), objects under
`
`the Federal Rules of Evidence (FRE) and 37 C.F.R. § 42.64(b)(1) to the
`
`admissibility of Exhibit 2010 (“Second Declaration of William P. Alberth Jr.”),
`
`filed by Patent Owner Neo Wireless, LLC (“Patent Owner”), on August 10, 2023,
`
`with the Patent Owner’s Response. Petitioner’s Objections are timely filed under
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`37 C.F.R. § 42.64(b)(1), within five business days of the August 10, 2023 Patent
`
`Owner’s Response. Petitioner files these Objections to provide notice to Patent
`
`Owner that Petitioner may move to exclude the challenged evidence under 37
`
`C.F.R. § 42.64(c).
`
`I.
`
`IDENTIFICATION OF GROUNDS FOR OBJECTIONS
`A. Exhibit 2010 (“Second Declaration of William P. Alberth Jr.”)
`FRE 702 and 703: Exhibit 2010 includes statements and testimony based on
`
`insufficient facts or data, and is not the product of reliable principles and methods.
`
`For example, Petitioner objects to paragraphs 22-23, 38, 53-59, 61, 68, 77-82, 91,
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`93-95, 97-99, and 102 because these paragraphs contain statements and
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`conclusions that are unsupported by factual evidence or data. Further, the relied-
`
`upon facts and data are not those on which experts in this field would reasonably
`
`rely.
`
`FRE 401, 402, and 403: Petitioner further objects to paragraphs 17-21, 37-
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`40, 42, 46, 50, 60, 68, 70, 71, 75, 76, 90, 98-104, 107, 110, 111, 117, 121-123, 127,
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`
`
`- 2 -
`
`
`
`
`128, and 133, 136-138 because Patent Owner does not cite any of these paragraphs
`
`Case IPR2022-01539
`U.S. Patent No. 10,965,512
`
`in its Response, rendering Mr. Alberth’s testimony in these paragraphs irrelevant
`
`under FRE 401. Petitioner therefore objects to these paragraphs under FRE 402.
`
`Petitioner also objects to these paragraphs under FRE 403 because they have no
`
`probative value, create unfair prejudice to Petitioner, and will only confuse the
`
`issues and waste the Board’s time.
`
`II. CONCLUSION
`In view of the foregoing objections, Petitioner may file a motion to exclude
`
`the Challenged Evidence under 37 C.F.R. § 42.64(c).
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Ryan C. Richardson, Reg. No. 67,254/
`
`Ryan C. Richardson (Reg. No. 67,254)
`Counsel for Petitioner
`Volkswagen Group of America, Inc.
`
`
`Date: August 17, 2023
`
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`(202) 371-2600
`
`
`
`- 3 -
`
`
`
`Case IPR2022-01539
`U.S. Patent No. 10,965,512
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1) was electronically served
`
`via e-mail in its entirety on August 17, 2023, upon the following counsel of record
`
`for Patent Owner:
`
`Kenneth J. Weatherwax, Lead Counsel weatherwax@lowensteinweatherwax.com
`Nathan Lowenstein, Back-Up Counsel lowenstein@lowensteinweatherwax.com
`Edward Hsieh, Back-Up Counsel hsieh@lowensteinweatherwax.com
`Parham Hendifar, Back-Up Counsel hendifar@lowensteinweatherwax.com
`Hamad M. Hamad, Back-Up Counsel hhamad@caldwellcc.com
`Nick Yakoobian, Back-Up Counsel yakoobian@lowensteinweatherwax.com
`LOWENSTEIN & WEATHERWAX LLP
`CALDWELL, CASSADY, & CURRY P.C
`NeoWireless_IPRs@lowensteinweatherwax.com
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Ryan C. Richardson, Reg. No. 67,254/
`
`Ryan C. Richardson (Reg. No. 67,254)
`Counsel for Petitioner
`Volkswagen Group of America, Inc.
`
`
`Date: August 17, 2023
`
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`(202) 371-2600
`
`
`
`
`
`
`
`
`
`
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