`
`Filed: July 9, 2018
`
`
`Filed on behalf of:
`
`Patent Owner Intellectual Ventures II LLC
`By:
`John R. King
`
`Brenton R. Babcock
`Ted M. Cannon
`Bridget A. Smith
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404
`Facsimile:
`(949) 760-9502
`Email: BoxPGL50@knobbe.com
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`TOYOTA MOTOR CORP. and AISIN SEIKI CO., LTD.,
`
`Petitioners,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`
`Patent Owner.
`__________________________________
`
`Case No. IPR2017-01495
`U.S. Patent No. 7,928,348
`__________________________________
`
`PATENT OWNER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PETITIONERS’ REPLY
`
`
`
`IPR2017-01495
`Toyota Motor v. Intellectual Ventures II
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner objects as follows to the
`
`admissibility of evidence served on June 29, 2018 with Petitioners’ Reply. Patent
`
`Owner reserves its rights to: (1) timely file a motion to exclude these exhibits or
`
`portions thereof; (2) challenge the credibility and/or weight that should be afforded
`
`to any of Petitioners’ exhibits, whether or not Patent Owner objects to the exhibits
`
`or files a motion to exclude the exhibits; (3) challenge the sufficiency of the
`
`evidence to meet Petitioners’ burden of proof on any issue, whether or not Patent
`
`Owner has objected to, or files a motion to exclude, the evidence; and (4) cross
`
`examine any declarant of Petitioners within the scope of his or her direct testimony
`
`that is or relates to these exhibits, without regard to whether Patent Owner has
`
`objected to the testimony or related exhibits or whether the testimony or related
`
`exhibits are ultimately found to be inadmissible.
`
`Evidence
`
`Objections
`
`Exhibit 1136
`
`FRE 703/802: The exhibit is an expert report provided in
`
`connection with patents asserted by Patent Owner in a co-
`
`pending ITC action that include, but are not limited to, the
`
`subject patent of this IPR proceeding. The author of the
`
`report has not provided testimony in this proceeding, and the
`
`statements in the report constitute inadmissible hearsay in
`
`this proceeding.
`
`-2-
`
`
`
`IPR2017-01495
`Toyota Motor v. Intellectual Ventures II
`
`
`Evidence
`
`Objections
`
`FRE 402: The report includes statements that are directed at
`
`asserted patents, alleged prior art, and alleged invalidity
`
`theories that are not at issue in this IPR proceeding, and
`
`such statements are not relevant to any of the grounds on
`
`which trial was instituted.
`
`FRE 403: The report, if admitted, would merely confuse the
`
`issues at trial.
`
`Exhibits 1140,
`
`FRE 402: These exhibits include two videos and an
`
`1141, 1142
`
`associated printout from a website, each of which is dated
`
`on its face after the filing date of Petitioners’ IPR Petition.
`
`The exhibits do not relate to any of the prior art references
`
`asserted by Petitioners in this proceeding, and they are not
`
`relevant to any of the grounds on which trial was instituted.
`
`FRE 403: These exhibits, if admitted, would merely confuse
`
`the issues at trial.
`
`FRE 701/702: The exhibits include opinions that are not
`
`admissible as lay opinion testimony under FRE 701 or as
`
`expert testimony under FRE 702.
`
`FRE 802: The exhibits include statements that are (1) not
`
`made while testifying in this proceeding and (2) offered to
`
`prove the truth of the matters asserted in the statements.
`
`
`
`-3-
`
`
`
`IPR2017-01495
`Toyota Motor v. Intellectual Ventures II
`
`
`
`
`
`
`Dated: July 9, 2018
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Ted M. Cannon/
`John R. King (Reg. No. 34,362)
`Brenton R. Babcock (Reg. No. 39,592)
`Ted M. Cannon (Reg. No. 55,036)
`Bridget A. Smith (Reg. No. 63,574)
`Customer No. 20,995
`Attorneys for Patent Owner
`Intellectual Ventures II LLC
`(949) 760-0404
`
`
`
`
`
`
`
`-4-
`
`
`
`IPR2017-01495
`Toyota Motor v. Intellectual Ventures II
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER’S
`
`OBJECTIONS TO ADMISSIBILITY OF EVIDENCE SERVED WITH
`
`PETITIONERS’ REPLY is being served electronically on July 9, 2018, to the
`
`email addresses below:
`
`Counsel for Aisin Seiki
`Robert C. Mattson
`cpdocketmattson@oblon.com
`John S. Kern
`cpdocketkern@oblon.com
`Lisa M. Mandrusiak
`cpdocketmandrusiak@oblon.com
`OBLON McCLELLAND MAIER &
`NEUSTADT, LLP
`1940 Duke Street
`Alexandria, VA 22314
`
`Aisin_IV_IPR@oblon.com
`
`
`
`Counsel for Toyota
`Joshua L. Goldberg
`joshua.goldberg@finnegan.com
`James R. Barney
`james.barney@finnegan.com
`Thomas W. Winland
`tom.winland@finnegan.com
`FINNEGAN HENDERSON FARABOW
`GARRETT & DUNNER LLP
`901 New York Avenue, N.W.
`Washington, DC 20001-4413
`
`Alyssa J. Holtslander
`alyssa.holtslander@finnegan.com
`FINNEGAN HENDERSON FARABOW
`GARRETT & DUNNER LLP
`1195 Freedom Drive
`Reston, VA 20190-5675
`
`Toyota-IV-IPR@finnegan.com
`
`Dated: July 9, 2018
`
`
`
`
`27293189
`
`By: /Ted M. Cannon/
`John R. King (Reg. No. 34,362)
`Ted M. Cannon (Reg. No. 55,036)
`Bridget A. Smith (Reg. No. 63,574)
`Attorneys for Patent Owner
`Intellectual Ventures II LLC
`
`
`
`-5-
`
`
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