UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`REACTIVE SURFACES LTD. LLP,
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`Petitioner,
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`v.
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`TOYOTA MOTOR CORPORATION,
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`Patent Owner.
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`Case IPR2016-01462
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`Patent No. 8,324,295 B2
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`REACTIVE SURFACES LTD. LLP,
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`Petitioner,
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`v.
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`TOYOTA MOTOR CORPORATION,
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`Patent Owner.
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`Case IPR2016-01462
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`Patent No. 8,324,295 B2
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`IPR2016-01462
`U.S. Patent No. 8,324,295 B2
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner Toyota Motor Corporation
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`objects to the admissibility of the following exhibits submitted by Petitioner
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`Reactive Surfaces Ltd. LLP in the preliminary proceeding:1
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`Exhibit 1003
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`Exhibit 1003 (“Preliminary Amendment for serial No. 14/097,128 involving
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`‘mirror claims’ corresponding to issued claims in U.S. Patent No. 8,324,295 B2 Jia
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`et al.”) is objected to under F.R.E. 402 to the extent that it is not relevant to any
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`patent or printed publication at issue in this inter partes review (“IPR”) or any
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`ground on which this IPR was instituted.
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`Exhibit 1004
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`Exhibit 1004 (“Office Action for serial no. 14/097,128 relating to rejection
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`of the mirror claims with U.S. Patent Application Serial No. 13/024,794 to Jia et
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`al.”) is objected to under F.R.E. 402 to the extent that it is not relevant to any
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`patent or printed publication at issue in this IPR or any ground on which this IPR
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`was instituted.
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`Exhibit 1006
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`Exhibit 1006 (“U.S. Patent Publication No. 2010/0210745 A1 to McDaniel
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`1 In this paper, a reference to “F.R.E.” means the Federal Rules of Evidence,
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`and a reference to “C.F.R.” means the Code of Federal Regulations.
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`2
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`IPR2016-01462
`U.S. Patent No. 8,324,295 B2
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`et al.”) is objected to under F.R.E. 402 to the extent that it is not relevant to any
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`patent or printed publication at issue in this IPR or any ground on which this IPR
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`was instituted.
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`Exhibit 1008
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`Exhibit 1008 (“U.S. Appl. Pub. No. 2007/0282070 to Adams et al.”) is
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`objected to under F.R.E. 402 to the extent that it is not relevant to any patent or
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`printed publication at issue in this IPR or any ground on which this IPR was
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`instituted.
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`Exhibit 1009
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`Exhibit 1009 (“U.S. Patent Application Publication No. 2009/0274846 A1 to
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`Wada et al.”) is objected to under F.R.E. 402 to the extent that it is not relevant to
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`any patent or printed publication at issue in this IPR or any ground on which this
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`IPR was instituted.
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`Exhibit 1011
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`Exhibit 1011 (“Declaration of Dr. Douglas M. Lamb, Ph.D.”) is objected to
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`under F.R.E. 702 (improper expert testimony) and Daubert v. Merrell Dow
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`Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dr. Lamb does not possess the
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`requisite credentials or expertise to render opinions in this IPR. Exhibit 1011 is
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`further objected to under F.R.E. 702 as the testimony is not based on sufficient
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`facts or data, is not the product of reliable principles and methods, and the
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`3
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`IPR2016-01462
`U.S. Patent No. 8,324,295 B2
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`principles and methods have not been reliably applied to the facts of the case.
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`Exhibit 1011 is further objected to under F.R.E. 703 as the testimony is based on
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`facts or data that an expert in this field would not reasonably rely on. Exhibit 1011
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`is further objected to under 37 C.F.R. § 42.65(a) for failing to identify with
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`particularity the underlying facts and data on which the opinion is based. Exhibit
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`1011 is further objected to insofar as it cites or refers to other objectionable
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`exhibits.
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`Exhibit 1015
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`Exhibit 1015 (“Published Technical Datasheet by Ciba Specialty Chemicals
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`Inc. for TINUVIN®384-2”) is objected to under F.R.E. 402 to the extent that it is
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`not relevant to any patent or printed publication at issue in this IPR or any ground
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`on which this IPR was instituted. Exhibit 1015 is further objected to under F.R.E.
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`802 as hearsay. Exhibit 1015 is further objected to under F.R.E. 901 for lack of
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`authentication.
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`Exhibit 1016
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`Exhibit 1016 (“Published Technical Datasheet by BASF Corporation for
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`TINUVIN® 152”) is objected to under F.R.E. 402 to the extent that it is not
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`relevant to any patent or printed publication at issue in this IPR or any ground on
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`which this IPR was instituted. Exhibit 1016 is further objected to under F.R.E. 802
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`4
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`IPR2016-01462
`U.S. Patent No. 8,324,295 B2
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`as hearsay. Exhibit 1016 is further objected to under F.R.E. 901 for lack of
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`authentication.
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`These objections have been timely made within ten business days from the
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`institution of trial.
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`Dated: February 24, 2017
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`Respectfully submitted,
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` /s/ Joshua A. Lorentz
`Joshua A. Lorentz
`Reg. No. 52,406
`Dinsmore & Shohl LLP
`255 E. Fifth St.
`Cincinnati, OH 45202
`T: (513) 977-8200
`Attorney for Patent Owner
`Toyota Motor Corporation
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`5
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`IPR2016-01462
`U.S. Patent No. 8,324,295 B2
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing PATENT
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`OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
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`was served on February 24, 2017 by email on the following counsel of record for
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`Petitioner:
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`David O. Simmons (dsimmons@ivcpatentagency.com)
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`Jonathan D. Hurt (jhurt@technologylitigators.com)
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`Mark A.J. Fassold (mfassold@wattsguerra.com)
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`Jorge Mares (jmares@wattsguerra.com)
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`Dated: February 24, 2017
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`Respectfully submitted,
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` /s/ Joshua A. Lorentz
`Joshua A. Lorentz
`Reg. No. 52,406
`Attorney for Patent Owner
`Toyota Motor Corporation
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