`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`WEATHERFORD INTERNATIONAL, LLC,
`Petitioner,
`
`v.
`
`BAKER HUGHES OILFIELD OPERATIONS, LLC,
`Patent Owner.
`______________
`Case IPR2019-00768
`Patent RE46,137
`______________
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`SERVED WITH ITS REPLY
`
`
`
`
`Case IPR2019-00768
`Patent RE46,137
`As set forth below, Patent Owner objects to evidence that Petitioner served
`
`with its Reply (Paper 25).
`
`Ex. # and Petitioner’s
`Description
`1027. Baker Hughes
`Model “B” Annulus
`Operated
`Reversing
`Valve with Rupture
`Disc, July 1997
`
`Objections
`
`Hearsay. Fed. R. Evid. 801(c) and 802. Petitioner
`relies on Ex. 1027 to prove the truth of out-of-court
`statements therein, e.g., that it shows a “Baker Hughes
`[(actually, ‘BAKER OIL TOOLS’ (Ex. 1027 at 1))]
`Model ‘B’ Annulus Operated Reversing Valve with
`Rupture Disc,” and that that tool actually had the
`depicted components and dimensions. Paper 25 at 16-
`17. Such statements are thus hearsay, and Petitioner has
`not offered evidence sufficient to demonstrate that they
`fall within any exception to the rule against hearsay.
`Authenticity. Fed. R. Evid. 901(a). Petitioner has not
`produced evidence sufficient to support a finding that
`Ex. 1027 is what Petitioner purports it to be: “Baker
`Hughes Model ‘B’ Annulus Operated Reversing Valve
`with Rupture Disc, July 1997.” Paper 26 at 2.
`Patent Owner objected to Ex. 1027 as unauthenticated
`when Petitioner introduced it during Dr. Fleckenstein’s
`deposition (Ex. 1045 at 133:12-135:9), and Petitioner
`did not cure that objection during the deposition. 37
`C.F.R. § 42.64(a). Nor did Petitioner—to the extent the
`rules would have permitted it to—cure that objection
`within 10 business days of Patent Owner making it. Id.
`at § 42.64(b)(2). Petitioner’s Reply evidence comes too
`late to do so.
`Incomplete. Fed. R. Evid. 106. Ex. 1027 is allegedly
`one of a collection of documents contained on a CD.
`Ex. 1037 at ¶¶ 6 and 7. But Petitioner has made neither
`the CD nor the full collection of documents available to
`Patent Owner.
`
`1
`
`
`
`1028. Baker Hughes
`Model “A” Sampler,
`July 1997
`
`1029. Baker Hughes
`Model “C” Annulus
`Operated
`Reversing
`Valve, Nov. 1997
`
`Case IPR2019-00768
`Patent RE46,137
`Hearsay. Fed. R. Evid. 801(c) and 802. Petitioner
`relies on Ex. 1028 to prove the truth of out-of-court
`statements therein, e.g., that it shows “PO’s [(actually,
`‘BAKER OIL TOOLS[’s]’ (Ex. 1028 at 1))] Model ‘A’
`Sampler,” and that that tool actually had the depicted
`components and dimensions. Paper 25 at 17. Such
`statements are thus hearsay, and Petitioner has not
`offered evidence sufficient to demonstrate that they fall
`within any exception to the rule against hearsay.
`Authenticity. Fed. R. Evid. 901(a). Petitioner has not
`produced evidence sufficient to support a finding that
`Ex. 1028 is what Petitioner purports it to be: “Baker
`Hughes Model ‘A’ Sampler, July 1997.” Paper 26 at 2.
`Patent Owner objected to Ex. 1028 as unauthenticated
`when Petitioner introduced it during Dr. Fleckenstein’s
`deposition (Ex. 1045 at 146:22-147:1 and 135:3-9), and
`Petitioner did not cure that objection during the
`deposition. 37 C.F.R. § 42.64(a). Nor did Petitioner—
`to the extent the rules would have permitted it to—cure
`that objection within 10 business days of Patent Owner
`making it. Id. at § 42.64(b)(2). Petitioner’s Reply
`evidence comes too late to do so.
`Incomplete. Fed. R. Evid. 106. Ex. 1028 is allegedly
`one of a collection of documents contained on a CD.
`Ex. 1037 at ¶¶ 6 and 7. But Petitioner has made neither
`the CD nor the full collection of documents available to
`Patent Owner.
`
`Hearsay. Fed. R. Evid. 801(c) and 802. Petitioner
`relies on Ex. 1029 to prove the truth of out-of-court
`statements therein, e.g., that it shows “PO’s [(actually,
`‘BAKER OIL TOOLS[’s]’ (Ex. 1029 at 1))] Model ‘C’
`Annulus Operated Reversing Valve,” and that that tool
`actually had the depicted components and dimensions.
`Paper 25 at 17. Such statements are thus hearsay, and
`Petitioner has not offered evidence sufficient to
`
`2
`
`
`
`Case IPR2019-00768
`Patent RE46,137
`demonstrate that they fall within any exception to the
`rule against hearsay.
`Authenticity. Fed. R. Evid. 901(a). Petitioner has not
`produced evidence sufficient to support a finding that
`Ex. 1029 is what Petitioner purports it to be: “Baker
`Hughes Model ‘C’ Annulus Operated Reversing Valve,
`Nov. 1997.” Paper 26 at 2.
`Patent Owner objected to Ex. 1029 as unauthenticated
`when Petitioner introduced it during Dr. Fleckenstein’s
`deposition (Ex. 1045 at 162:17-19 and 135:3-9), and
`Petitioner did not cure that objection during the
`deposition. 37 C.F.R. § 42.64(a). Nor did Petitioner—
`to the extent the rules would have permitted it to—cure
`that objection within 10 business days of Patent Owner
`making it. Id. at § 42.64(b)(2). Petitioner’s Reply
`evidence comes too late to do so.
`Incomplete. Fed. R. Evid. 106. Ex. 1029 is allegedly
`one of a collection of documents contained on a CD.
`Ex. 1037 at ¶¶ 6 and 7. But Petitioner has made neither
`the CD nor the full collection of documents available to
`Patent Owner.
`
`Hearsay. Fed. R. Evid. 801(c) and 802. Petitioner
`relies on Ex. 1033 to prove the truth of out-of-court
`statements therein, e.g., that “the o-ring part numbers
`show that they are standard sizes and 336 is an o-ring
`that is smaller than 337” (and the like). Paper 25 at 17.
`Such statements are thus hearsay, and Petitioner has not
`offered evidence sufficient to demonstrate that they fall
`within any exception to the rule against hearsay.
`Unauthenticated. Fed. R. Evid. 901(a). Petitioner has
`not produced evidence sufficient to support a finding
`that Ex. 1033 is what Petitioner purports it to be:
`“Marco Rubber & Plastics, Standard USA O-Rings
`Sizes.” Paper 26 at 2.
`
`3
`
`1033. Marco Rubber &
`Plastics, Standard USA
`O-Rings Sizes
`
`
`
`1047. Excerpts from
`Aerospace
`Size
`Standard for O-Rings
`(AS 568A)
`
`Case IPR2019-00768
`Patent RE46,137
`Patent Owner objected to Ex. 1033 as unauthenticated
`when Petitioner introduced it during Dr. Fleckenstein’s
`deposition (Ex. 1045 at 143:20-23 and 135:3-9), and
`Petitioner did not cure that objection during the
`deposition. 37 C.F.R. § 42.64(a). Nor did Petitioner—
`to the extent the rules would have permitted it to—cure
`that objection within 10 business days of Patent Owner
`making it. Id. at § 42.64(b)(2). Petitioner’s Reply
`evidence comes too late to do so.
`
`Hearsay. Fed. R. Evid. 801(c) and 802. Petitioner
`relies on Ex. 1047 to prove the truth of out-of-court
`statements therein, e.g., that “the o-ring part numbers
`show that they are standard sizes and 336 is an o-ring
`that is smaller than 337” (and the like). Paper 25 at 17.
`Such statements are thus hearsay, and Petitioner has not
`offered evidence sufficient to demonstrate that they fall
`within any exception to the rule against hearsay.
`Unauthenticated. Fed. R. Evid. 901(a). Petitioner has
`not produced evidence sufficient to support a finding
`that Ex. 1047 is what Petitioner purports it to be:
`“Excerpts from Aerospace Size Standard for O-Rings
`(AS 568A).” Paper 26 at 3.
`Incomplete. Fed. R. Evid. 106. Ex. 1047 is allegedly
`“Excerpts from Aerospace Size Standard for O-Rings”
`Paper 26 at 3. But Petitioner has not made the
`remainder of that purported standard available to Patent
`Owner.
`
`
`
`Dated: March 20, 2020
`
`Respectfully submitted,
`/Mark T. Garrett/
` Mark T. Garrett (Reg. No. 44,699)
`
`4
`
`
`
`Case IPR2019-00768
`Patent RE46,137
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 20,
`
`2020, a copy of Patent Owner’s Objections to Petitioner’s Evidence Served with its
`
`Reply was served on Lead and Backup Counsel for Petitioner via email (by consent)
`
`Lead Counsel: Douglas Wilson (Reg. No. 54,542)
`doug.wilson@armondwilson.com
`ipr@armondwilson.com
`
`
`Backup Counsel: Boone Baxter (Reg. No. 69,363)
`bbaxter@hpcllp.com
`
`Michelle Armond (Reg. No. 53,954)
`michelle.armond@armondwilson.com
`
`
`
`
`/Mark T. Garrett/
` Mark T. Garrett (Reg. No. 44,699)
`
`to:
`
`
`
`
`
`
`
`
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