`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioners,
`
`v.
`
`NANOCO TECHNOLOGIES LIMITED,
`Patent Owner.
`
`____________________________________________
`
`IPR2021-00184 (Patent 7,803,423 B2)
`____________________________________________
`
`
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE SUBMITTED WITH
`THE PATENT OWNER’S RESPONSE PURSUANT TO 37 C.F.R. § 42.120
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Samsung Electronics Co.,
`
`Ltd. and Samsung Electronics America, Inc. object as follows to evidence submitted
`
`with Patent Owner Nanoco Technologies Ltd.’s Patent Owner’s Response pursuant
`
`to 37 C.F.R. § 42.120:
`
`Exhibit
`2030
`
`Objections
`FRE1 702: This item is inadmissible because the opinions therein
`
`were not formed by a witness who is qualified as an expert by
`
`knowledge, skill, experience, training, or education.
`
`2032
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`
`1 References to “FRE” are to the Federal Rules of Evidence.
`
`1
`
`
`
`
`
`2033
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2034
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2035
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`
`
`2
`
`
`
`
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 901/902: Patent Owner has not produced evidence sufficient to
`
`support a finding that the item is what the Patent Owner claims it is.
`
`Lack of Foundation: Patent Owner has not provided testimony to
`
`establish personal knowledge of this exhibit sufficient to prove the
`
`contents of this exhibit.
`
`2036
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`
`
`3
`
`
`
`
`
`2037
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2038
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2039
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`
`
`4
`
`
`
`
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2040
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2041
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`
`
`5
`
`
`
`
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2042
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2043
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`
`
`6
`
`
`
`
`
`FRE 901/902: Patent Owner has not produced evidence sufficient to
`
`support a finding that the item is what the Patent Owner claims it is.
`
`Lack of Foundation: Patent Owner has not provided testimony to
`
`establish personal knowledge of this exhibit sufficient to prove the
`
`contents of this exhibit.
`
`2044
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 901/902: Patent Owner has not produced evidence sufficient to
`
`support a finding that the item is what the Patent Owner claims it is.
`
`Lack of Foundation: Patent Owner has not provided testimony to
`
`establish personal knowledge of this exhibit sufficient to prove the
`
`contents of this exhibit.
`
`
`
`7
`
`
`
`
`
`
`
`
`
`
`2045
`
`FRE 401/402/403 (Relevance; No probative value): Patent Owner
`
`has not identified any fact made more or less probable by this exhibit.
`
`Any probative value of this exhibit is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or
`
`needlessly presenting cumulative evidence.
`
`FRE 801/802: This item is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`2046
`
`FRE 702: This item is inadmissible because the opinions therein
`
`were not formed by a witness who is qualified as an expert by
`
`knowledge, skill, experience, training, or education.
`
`8
`
`
`
`
`
`DATED: August 19, 2021
`
`Respectfully submitted,
`
`
`
`
`
`
`/s/ F. Christopher Mizzo, P.C.
`F. Christopher Mizzo, P.C. (No. 73,156)
`W. Todd Baker (No. 45,265)
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`P: 202.389.5000; F: 202.389.5200
`chris.mizzo@kirkland.com
`todd.baker@kirkland.com
`
`Gregory S. Arovas, P.C. (No. 38,818)
`Stefan Miller (No. 57,623)
`Jeremy Wilson (pro hac vice)
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`P: 212.446.4800; F: 212.446.4900
`greg.arovas@kirkland.com
`stefan.miller@kirkland.com
`jeremy.wilson@kirkland.com
`
`
`Attorneys for Petitioners
`Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
`
`
`9
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that the above-captioned “PETITIONERS’
`
`OBJECTIONS TO EVIDENCE SUBMITTED WITH THE PATENT OWNER’S
`
`RESPONSE PURSUANT TO 37 C.F.R. § 42.120” was served in its entirety on
`
`August 19, 2021, via electronic service on lead and back-up counsel:
`
`WAMeunier@mintz.com
`
`PJCuomo@mintz.com
`
`MCNewman@mintz.com
`
`TWintner@mintz.com
`
`MSGalica@mintz.com
`
`NanocoIPRs@mintz.com
`
`
`
`
`
`
`/s/ F. Christopher Mizzo, P.C.
`F. Christopher Mizzo, P.C.
`
`
`
`
`
`
`
`
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