`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
`
`v.
`
`POLARIS INNOVATIONS LTD.,
`Patent Owner
`____________
`
`Case IPR2016-01622
`Patent 6,850,414 B2
`____________
`PATENT OWNER POLARIS INNOVATIONS LTD.’S
`OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Patent Owner Polaris Innovations Ltd. hereby files objections to the
`
`admissibility of the following documents served by Petitioner Kingston
`
`Technology Company, Inc. on August 16, 2016 with its Petition for Inter Partes
`
`Review.
`
`Patent Owner objects, under FRE 402/403, to all references that do not form
`
`the basis of the instituted reviews.
`
`Patent Owner additionally objects, under FRE 402/403, to all portions of
`
`Exhibit 1006 (Declaration of Vivek Subramanian) that do not directly relate to the
`
`instituted reviews.
`
`Patent Owner’s further objections to specific documents include, but are not
`
`limited to:
`
`1.
`
`Exhibit 1006 (“Declaration of Vivek Subramanian”).
`
`Exhibit 1006 is inadmissible to the extent it provides opinions that are
`
`irrelevant under FRE 402, or that their probative value is substantially outweighed
`
`by other consideration under FRE 403, including unfair prejudice, confusion of the
`
`issue and waste of time. Patent Owner further objects to this Exhibit in its entirety,
`
`and to each paragraph therein, as hearsay under FRE 802.
`
`In addition to the above, Patent Owner’s objections to specific paragraphs
`
`from Exhibit 1006 include, but are not limited to:
`
`- 1 -
`
`
`
`§ ¶¶ 33 – 36 are not admissible under FRE 402/403 because they
`
`provide opinions relating to purported references that do not form the
`
`basis of the instituted ground.
`
`§ ¶¶ 37 – 41 are not admissible under FRE 402/403 to the extent that
`
`they provide opinions based on Exhibit 1003 (Intel Specification),
`
`which is not the basis of the instituted ground, and to the extent that
`
`they provide opinions relating to modification of Exhibit 1002
`
`(Simpson) beyond those opinions expressed with respect to the
`
`instituted ground 1, obviousness in view of Simpson.
`
`§ ¶¶ 73 – 99 are not admissible under FRE 402/403 because they
`
`provide opinions relating to claims for which review was not
`
`instituted.
`
`§ ¶¶ 107 – 108 are not admissible under FRE 402/403 to the extent that
`
`they express opinions relating to the combination of Simpson and
`
`Intel Specification, for which review was not instituted.
`
`§ ¶¶ 111 – 162 are not admissible under FRE 402/403 because they
`
`provide opinions relating to grounds for which review was not
`
`- 2 -
`
`instituted.
`
`
`
`
`
`2.
`
`Exhibit 1003 (“Intel Specifications”).
`
`Exhibit 1003 is inadmissible under FRE 402/403 because it is a purported
`
`reference that does not form the basis of the instituted ground.
`
`3.
`
`Exhibit 1004 (“Gall”).
`
`Exhibit 1004 is inadmissible under FRE 402/403 because it is a purported
`
`reference that does not form the basis of the instituted ground.
`
`4.
`
`Exhibit 1005 (“PC133 SDRAM Specifications”).
`
`Exhibit 1005 is inadmissible under FRE 402/403 because it is a purported
`
`reference that does not form the stated basis of the instituted ground.
`
`5.
`
`Exhibit 1008 (“’183 Pat. File History”).
`
`Exhibit 1008 is inadmissible under FRE 402/403 because it is a purported
`
`reference that does not form the basis of the instituted ground.
`
`Respectfully submitted,
`
`
`____/ Kenneth J. Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
`
`Date: March 2, 2017
`
`- 3 -
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the following documents were served
`by electronic service, by agreement between the parties, on the date signed below:
`
`
`PATENT OWNER POLARIS INNOVATIONS LTD.’S
`OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`The names and address of the parties being served are as follows:
`
`IPR37307-0007IP1@fr.com (David Hoffman)
`IPR@sjclawpc.com (Martha Hopkins)
`
`
`Respectfully submitted,
`
` / Parham Hendifar /
`
`Date: March 2, 2017
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
