United States Patent No. 6,462,905
`
`
`
`Filed: April 3, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SONY CORPORATION,
`Petitioner
`
`
`v.
`
`FUJIFILM CORPORATION,
`Patent Owner
`
`
`
`Inter Partes Review No. IPR2018-00877
`Patent 6,462,905
`
`
`
`
`PATENT OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64
`TO PETITIONER’S EVIDENCE SUBMITTED WITH
`PETITIONER’S REPLY IN INTER PARTES REVIEW OF U.S.
`PATENT NO. 6,462,905
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Filed: April 3, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SONY CORPORATION,
`Petitioner
`
`
`v.
`
`FUJIFILM CORPORATION,
`Patent Owner
`
`
`
`Inter Partes Review No. IPR2018-00877
`Patent 6,462,905
`
`
`
`
`PATENT OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64
`TO PETITIONER’S EVIDENCE SUBMITTED WITH
`PETITIONER’S REPLY IN INTER PARTES REVIEW OF U.S.
`PATENT NO. 6,462,905
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner’s Objections to Petitioner’s Evidence for IPR2018-00877
`
`FUJIFILM Corporation (“Patent Owner”) respectfully submits the following
`
`objections to exhibits filed by Petitioner on March 27, 2019, in conjunction with
`
`Petitioner’s Reply in the Inter Partes Review of U.S. Patent No. 6,462,905
`
`(“Petitioner’s Reply”). These objections are made within five business days of
`
`service of evidence to which the objection is directed on March 27, 2019 (see Paper
`
`No. 21).
`
`The following chart lists Patent Owner’s objections to the admissibility of
`
`certain evidence (identified below) that is included within or accompanies the
`
`Petitioner’s Reply and the basis for those objections:
`
`Objected to Exhibit(s)
`
`Basis for Objection
`
`Ex. 1033
`(“Reply Declaration of
`Thomas W. Von
`Alten”)
`
`¶¶ 7, 9-11, 15, 19, 21,
`23, 26, 33, 34, 36, 43,
`45, 46, 48, 49, 51-53,
`57, 59, and 68.
`
`FRE 702: The opinions expressed in these paragraphs
`
`are based on insufficient facts or data, do not help the
`
`trier of fact understand the evidence or determine a fact
`
`in issue, are not the product of reliable principles and
`
`methods, and include analysis that is not reliably applied
`
`to the facts of the case.
`
`FRE 802: This evidence cites to and incorporates
`
`hearsay. Because no hearsay exception applies, the
`
`identified paragraphs are
`
`inadmissible
`
`in
`
`this
`
`
`
`
`- 1 -
`
`
`
`
`
`Patent Owner’s Objections to Petitioner’s Evidence for IPR2018-00877
`
`Objected to Exhibit(s)
`
`Basis for Objection
`
`Ex. 1034
`(“ECMA-319”)
`
`Ex. 1036
`(“Definition of
`Projection”)
`
`proceeding. For example, the declaration relies upon
`
`exhibits which, as explained below, are inadmissible.
`
`FRE 401-403: This evidence is irrelevant to the extent
`
`it cites to or relies on an exhibit or document not relied
`
`upon by Petitioner in any Ground of its inter partes
`
`review Petition, or which has not been served,
`
`authenticated or proven as a prior art reference.
`
`FRE 901: These exhibits have not been authenticated.
`
`Petitioner has not provided sufficient evidence regarding
`
`the origin of the documents or whether the documents
`
`are true and correct copies.
`
`FRE 802-803: This evidence cites to and incorporates
`
`hearsay. The exhibits include statements made outside
`
`the proceeding and relied upon for the truth of the
`
`matters asserted therein. For example, the exhibits
`
`purport to establish the knowledge of a person of
`
`ordinary skill at the time of the `905 Patent’s filing date,
`
`or the purported publication or access dates of the
`
`
`
`
`- 2 -
`
`
`
`
`
`Patent Owner’s Objections to Petitioner’s Evidence for IPR2018-00877
`
`Objected to Exhibit(s)
`
`Basis for Objection
`
`exhibits. Because no hearsay exception applies, the
`
`statements are inadmissible in this proceeding.
`
`FRE 401-403: These exhibits are irrelevant because
`
`they have not been authenticated and proven as prior art
`
`references. These exhibits were only included in the
`
`“APPENDIX LISTING OF EXHIBITS” in Petitioner’s
`
`Reply, and were not cited to in any other section of
`
`Petitioner’s Reply or its inter partes review Petition.
`
`Therefore, these exhibits are irrelevant to this inter
`
`partes review proceeding.
`
`FRE 401-403: These exhibits are irrelevant because
`
`they were not cited to in any other section of Petitioner’s
`
`Reply or its inter partes review Petition. Therefore,
`
`these exhibits are irrelevant to this inter partes review
`
`proceeding.
`
`Ex. 1031
`
`Ex. 1032
`
`
`
`
`- 3 -
`
`
`
`
`
`Patent Owner’s Objections to Petitioner’s Evidence for IPR2018-00877
`
`
`Date: April 3, 2019
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/Eliot D. Williams/
`Eliot D. Williams
`Reg. No. 50,822
`Baker Botts L.L.P.
`1001 Page Mill Road
`Palo Alto, CA 94304
`Phone: 650-739-7500
`Fax: 650-739-7699
`eliot.williams@bakerbotts.com
`
`Robert C. Scheinfeld, Reg. No. 31,300
`Robert Maier, Reg. No. 54,291
`Jennifer C. Tempesta, Reg. No. 59,021
`Margaret M. Welsh, Reg. No. 70,745
`Baker Botts L.L.P.
`30 Rockefeller Plaza
`New York, NY 10112
`Phone: 212-408-2500
`Fax: 212-408-2501
`robert.scheinfeld@bakerbotts.com
`robert.maier@bakerbotts.com
`jennifer.tempesta@bakerbotts.com
`
`COUNSEL FOR PATENT OWNER
`FUJIFILM CORPORATION
`
`- 4 -
`
`
`
`
`
`United States Patent No. 6,462,905
`
`
`
`Filed: April 3, 2019
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that I caused
`
`to be served a true and correct copy of the foregoing “Patent Owner’s Objections
`
`Under 37 C.F.R. § 42.64 to Petitioner’s Evidence Submitted with Petitioner’s Reply
`
`in Inter Partes Review of U.S. Patent No. 6,462,905” via the PTAB’s E2E system
`
`and sent via email as detailed below.
`
`Richard F. Giunta
`Michael N. Rader
`Randy J. Pritzker
`
`WOLF GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210-2206
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`
`RGiunta-PTAB@wolfgreenfield.com
`MRader-PTAB@wolfgreenfield.com
`RPritzker-PTAB@wolfgreenfield.com
`
`
`
`April 3, 2019
`Date of service:
`Documents served: PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S REPLY EVIDENCE
`
`
`
`Date: April 3, 2019
`
`
`
`
`
`Respectfully Submitted,
`
`/Eliot D. Williams /
`Eliot D. Williams
`Reg. No. 50,822
`
`Lead Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
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
