`
`By: Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`3200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel:
`(612) 371-5383
`Fax: (612) 332-9081
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`H&S MANUFACTURING COMPANY, INC.
`
`Petitioner,
`
`v.
`
`OXBO INTERNATIONAL CORPORATION
`
`Patent Owner.
`
`____________
`
`Case IPR2016-00950
`Patent 8,166,739
`____________
`
`
`
`PATENT OWNER’S SECOND SET OF OBJECTIONS TO EVIDENCE
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner, Oxbo International
`
`Corporation, hereby submits objections to certain evidence that Petitioner, H&S
`
`Manufacturing Company, Inc., submitted in IPR2016-00950. Specifically, on April
`
`13, 2017, Petitioner filed an Updated Exhibit List (Paper 26) and three exhibits
`
`(Exhibit 1022, Exhibit 1023, and Exhibit 1024). Petitioner served Patent Owner on
`
`the same date. Patent Owner is filing these objections within five business days of
`
`service of the evidence.
`
`The objections below are not Patent Owner’s exclusive objections to
`
`Exhibits 1022, 1023, and 1024. Patent Owner notes that submission of Exhibits
`
`1022-1024 is premature; these exhibits are not yet relied upon in any filings in this
`
`matter, and Patent Owner cannot speculate how Petitioner may use those Exhibits.
`
`Accordingly, Patent Owner hereby expressly reserves the right to submit additional
`
`objections to Exhibits 1022-1024 if Petitioner uses any of them in this proceeding.
`
`Exhibit # Description
`
`Objections
`
`1022
`
`1023
`
`Srivastava, et al. (1993).
`Chapter 8: Hay and
`Forage Harvesting in
`Principles of Agricultural
`Machines
`(pgs 325-406)
`
`Carr, Patrick M. , et al.
`“Barley Versus Oat:
`Which Makes the Superior
`Forage Crop,” 2001
`Annual Report Agronomy
`
`Relevancy, Fed. R. Evid. 401, 402, and 403;
`Hearsay Fed. R. Evid. 802; and 37 C.F.R. §
`42.53(d)(5)(ii), objection to use of any
`documents outside the scope of the direct
`testimony.
`
`Relevancy, Fed. R. Evid. 401, 402, and 403;
`Hearsay, Fed. R. Evid. 802; and
`37 C.F.R. § 42.53(d)(5)(ii), objection to use
`of any documents outside the scope of the
`
`1
`
`
`
`Exhibit # Description
`
`1024
`
`Section, Dickinson
`Research Extension
`Center
`Jonathan Chaplin, Ph.D.
`Deposition Transcript
`dated April 10, 2017
`
`Date: April 19, 2017
`
`
`
`
`
`
`
`(Trial No. IPR2016-00950)
`
`Objections
`
`direct testimony.
`
`Relevancy, Fed. R. Evid. 401, 402, and 403.
`
`In addition to the objections stated on the
`record during the deposition, the following
`passages are objected to under 37 C.F.R. §
`42.53(d)(5)(ii) as outside the scope of the
`direct testimony:
`page 66:18-67:25;
`page 113:13-21;
`page 153:19-158:15;
`page 158:17-159:25; and
`page 162:16-163:13.
`
`
`Respectfully submitted,
`
`MERCHANT & GOULD, P.C.
`
`
`/Andrew J. Lagatta/
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`OxboIPR@merchantgould.com
`
`ATTORNEYS FOR PATENT OWNER
`
`2
`
`
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that “PATENT OWNER’S SECOND SET
`OF OBJECTIONS TO EVIDENCE” for the above-captioned matter was served in
`its entirety on April 19, 2017, upon the following parties via e-mail:
`
`
`Brad D. Pederson (Reg. No. 32,432)
`Eric H. Chadwick (Reg. No. 42,664)
`PATTERSON THUENTE PEDERSEN, P.A.
`80 South Eighth Street, Suite 4800
`Minneapolis, MN 55402
`Phone: (612) 349-5740
`Facsimile: (612) 349-9266
`chadwick@ptslaw.com
`pedersen@ptslaw.com
`
`Respectfully submitted,
`MERCHANT & GOULD, P.C.
`
`/Andrew J. Lagatta/
`
`
`
`
`
`Andrew J. Lagatta, Reg. No. 62,529
`Merchant & Gould P.C.
`80 South 8th St., Suite 3200
`Minneapolis, MN 55402
`Telephone: (612) 332-5300
`Fax: (612) 332-9081
`alagatta@merchantgould.com
`
`
`
`ATTORNEYS FOR PATENT OWNER
`
`
`
`3
`
`
`
`
`
`
`
`Date: April 19, 2017
`
`
`
`
`
`
`
`
`
`(IPR2016-00950)
`
`
`
`
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