UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG DISPLAY CO., LTD;
`AND SONY CORPORATION,
`Petitioners
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2015-00887
`Patent 7,420,550
`
`_______________
`
`
`
`PATENT OWNER SURPASS TECH INNOVATION LLC’S
`OBJECTIONS TO PETITIONERS’ EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG DISPLAY CO., LTD;
`AND SONY CORPORATION,
`Petitioners
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2015-00887
`Patent 7,420,550
`
`_______________
`
`
`
`PATENT OWNER SURPASS TECH INNOVATION LLC’S
`OBJECTIONS TO PETITIONERS’ EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner Surpass objects to the evidence of Petitioners for the reasons
`
`Objection
`
`Grounds
`
`Janssen ’190 is
`not part of the
`trial. Paper No. 9
`at 15-16.
`
`Certification of
`translation does
`not comply with §
`42.63(b), is not an
`affidavit, and the
`person making the
`certification does
`not attest who
`performed the
`translation or the
`basis for the
`certification.
`
`Lewis is not part
`of the trial. Paper
`No. 9 at 15-16.
`
`Joshi is not part of
`the trial. Paper
`No. 9 at 15-16.
`
`Ruckmongathan is
`not part of the
`trial. Paper No. 9
`at 15-16.
`
`
`FRE 402, 403
`
`37 C.F.R. §
`42.63(b); FRE
`802.
`
`
`
`FRE 402, 403
`
`FRE 402, 403
`
`FRE 402, 403
`
`
`
`set forth below:
`
`Identity of Exhibit
`
`1003
`
`Portion to be
`Excluded
`All
`
`1006, 1007
`
`All
`
`1008
`
`1010
`
`1011
`
`All
`
`All
`
`All
`
`
`
`Objection
`
`Grounds
`
`FRE 402, 403
`
`Portion to be
`Excluded
`All
`
`Identity of Exhibit
`
`1012
`
`1013
`
`1013
`
`1013
`
`Brown is not part
`of the trial. Paper
`No. 9 at 15-16.
`
`References to
`materials outside
`of trial, including
`2(b), (f), (h), (i),
`(j), and (k).
`
`Failure to provide
`basis for opinion.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Lewis; failure to
`provide basis for
`opinion within
`instituted basis for
`trial; contains and
`relies on hearsay
`regarding POSA
`knowledge.
`
`Failure to provide
`basis for opinion.
`
`
`¶ 2
`
`FRE 402, 403
`
`¶ 21
`
`¶ 25
`
`FRE 702, 703
`
`FRE 402, 403,
`702, 703, 802
`
`1013
`
`¶ 27
`
`FRE 702, 703
`
`
`
`
`
`Identity of Exhibit
`
`1013
`
`Portion to be
`Excluded
`¶¶ 29-31
`
`1013
`
`1013
`
`¶ 36
`
`¶ 41
`
`FRE 702, 703
`
`FRE 402, 403,
`702, 703, 802
`
`1013
`
`¶¶ 48-56
`
`FRE 402, 403
`
`1013
`
`¶ 60
`
`FRE 702, 703
`
`
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Lewis; failure to
`provide basis for
`opinion within
`instituted basis for
`trial; contains and
`relies on hearsay
`regarding POSA
`knowledge.
`
`Failure to provide
`basis for opinion.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Ruckmongathan;
`failure to provide
`basis for opinion
`within instituted
`basis for trial;
`contains and relies
`on hearsay
`regarding POSA
`knowledge.
`
`Janssen ’190 is
`not part of the
`trial. Paper No. 9
`at 15-16.
`
`Failure to provide
`basis for opinion.
`
`
`
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Joshi; failure to
`provide basis for
`opinion within
`instituted basis for
`trial; contains and
`relies on hearsay
`regarding POSA
`knowledge.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`Lewis; failure to
`provide basis for
`opinion within
`instituted basis for
`trial; contains and
`relies on hearsay
`regarding POSA
`knowledge.
`
`Failure to provide
`basis for opinion
`within instituted
`basis for trial;
`contains and relies
`on hearsay
`regarding POSA
`knowledge.
`
`
`Identity of Exhibit
`
`1013
`
`Portion to be
`Excluded
`¶ 63
`
`1013
`
`¶ 64
`
`FRE 402, 403,
`702, 703, 802
`
`1013
`
`¶ 65
`
`FRE 702, 703,
`802
`
`
`
`
`
`Identity of Exhibit
`
`1013
`
`Portion to be
`Excluded
`¶ 66
`
`Objection
`
`Grounds
`
`FRE 402, 403
`
`Janssen ’190 is
`not part of the
`trial. Paper No. 9
`at 15-16.
`
`Roy is not part of
`the trial. Paper
`No. 9 at 15-16.
`
`
`1015
`
`All
`
`FRE 402, 403
`
`
`
`Dated: September 23, 2015
`
`Respectfully submitted,
`
`By: /s/ Wayne M. Helge
`
`Wayne M. Helge (Reg. No. 56,905)
`Donald L. Jackson (Reg. No. 41,090)
`Michael R. Casey (Reg. No. 40,294)
`DAVIDSON BERQUIST JACKSON & GOWDEY,
`LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Email: djackson@dbjg.com
`Email: mcasey@dbjg.com
`
` Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`I hereby certify that on September 23, 2015, a true and correct copy of the
`
`foregoing OBJECTIONS TO PETITIONERS’ EVIDENCE is being served via
`
`email by consent to the Petitioners at the correspondence addresses of record as
`
`follows:
`
`Jay I. Alexander (Reg. No. 32,678)
`Andrea G. Reister (Reg. No. 36,253)
`Gregory S. Discher (Reg. No. 42,488)
`Electronic Service: jalexander@cov.com; areister@cov.com; gdischer@cov.com
`Service Address: Covington & Burling LLP, One CityCenter, 850 Tenth Street,
`NW, Washington DC 20001
`
`Michelle Carniaux (Reg. No. 36,098)
`John Flock (Reg. No. 39,670)
`Service Address: Kenyon & Kenyon LLP, One Broadway, New York, NY 10004
`Electronic Service: Sony-SurpassTech@kenyon.com
`
`By: /s/ Wayne M. Helge
` USPTO Reg. No. 56,905
` Counsel for Patent Owner
`
`
`
`
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