throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`_______________
`
`
`
`SHARP CORPORATION, SHARP ELECTRONICS CORPORATION, and
`SHARP ELECTRONICS MANUFACTURING
`COMPANY OF AMERICA, INC.,
`Petitioners
`
`v.
`
`SURPASS TECH INNOVATION LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2015-00913
`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 Petitioner for the reasons
`
`Objection
`
`Grounds
`
`37 C.F.R. §
`42.63(b)
`
`Japanese language
`portion lacks a
`proper translation;
`certification is not
`an affidavit, and
`the person making
`the certification
`does not attest
`who performed
`the translation or
`basis for
`statement.
`
`Shimada is not
`part of the trial.
`Paper No. 9 at
`12-13.
`
`Kim is not part of
`the trial. Paper
`No. 9 at 12-13.
`
`
`set forth below:
`
`Identity of Exhibit
`
`1002
`
`Portion to be
`Excluded
`All
`
`1003
`
`1006
`
`All
`
`All
`
`FRE 402, 403
`
`FRE 402, 403
`
` 
`
`

`
`Identity of Exhibit
`
`1007
`
`Portion to be
`Excluded
`¶¶ 11, 49
`
`1007
`
`¶ 50
`
`FRE 402, 403,
`702, 703, 802
`
`1007
`
`1007
`
`¶ 74
`
`FRE 702, 703
`
`¶¶ 75-79, 94
`
`FRE 402, 403,
`702, 703, 802
`
` 
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use; relies on
`hearsay and lacks
`proper basis for
`statements,
`including
`“common
`practice.”
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use and Sekido;
`relies on hearsay
`and fails to
`disclose proper
`basis for opinions.
`
`Fails to disclose
`basis for opinion.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use; relies on
`hearsay and fails
`to disclose proper
`basis for opinions.
`
`
`

`
`Identity of Exhibit
`
`1007
`
`Portion to be
`Excluded
`¶¶ 98, 114-15, 142
`(including
`headings)
`
`1007
`
`¶¶ 121-22
`
`FRE 402, 403,
`702, 703, 802
`
`1007
`
`¶¶ 132-34
`
`FRE 402, 403,
`702, 703, 802
`
`1007
`
`1007
`
`1007
`
`¶ 140
`
`FRE 702, 703
`
`¶¶ 152-54
`
`FRE 702, 703
`
`¶¶ 162-209
`
`FRE 402, 403
`
` 
`
`Objection
`
`Grounds
`
`FRE 402, 403
`
`The question of
`anticipation by
`Sharp is not part
`of the trial. Paper
`No. 9 at
`12-13.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use; relies on
`hearsay and fails
`to disclose proper
`basis for opinions.
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use; relies on
`hearsay and fails
`to disclose proper
`basis for opinions.
`
`Fails to disclose
`basis for opinions.
`
`Fails to disclose
`basis for opinions.
`
`Shimada is not
`part of the trial.
`Paper No. 9 at
`12-13.
`
`
`

`
`Identity of Exhibit
`
`1007
`
`Portion to be
`Excluded
`¶¶ 179-80
`
`Objection
`
`Grounds
`
`FRE 402, 403,
`702, 703, 802
`
`References to
`materials outside
`of instituted basis
`for trial, including
`statements of prior
`use; relies on
`hearsay and fails
`to disclose proper
`basis for opinions.
`
`Sekido is not part
`of the trial. Paper
`No. 9 at 12-13.
`
`
`1009
`
`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:
`
`Anthony F. Lo Cicero
`Reg. No. 29,403
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336–8110
`Facsimile: (212) 336–8001
`E-mail: alocicero@arelaw.com
`
`Brian A. Comack
`Reg. No. 45,343
`Amster, Rothstein & Ebenstein LLP
`90 Park Avenue
`New York, NY 10016
`Telephone: (212) 336–8098
`Facsimile: (212) 336–8001
`E-mail: Sharp-550IPR@arelaw.com
`
`By: /s/ Wayne M. Helge
` USPTO Reg. No. 56,905
` Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
` 

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