`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`ARKEMA INC. AND ARKEMA FRANCE,
`Petitioner,
`v.
`HONEYWELL INTERNATIONAL INC.,
`Patent Owner.
`______________________
`
`PGR2016-00011
`Patent No. 9,157,017
`______________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
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`PGR2016-00011
`Patent No. 9,157,017
`The Federal Rules of Evidence (“FRE”) generally apply to proceedings
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`before the Board. 37 C.F.R. § 42.62(a). Pursuant to 37 C.F.R. § 42.64(b)(1) and
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`the FRE, Petitioner Arkema Inc. and Arkema France (“Arkema” or “Petitioner”)
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`submits the following objections to certain exhibits submitted by Patent Owner
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`Honeywell International Inc. (“Honeywell” or “Patent Owner”). These objections
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`apply equally to Patent Owner’s reliance on these exhibits in any subsequently
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`filed documents. These objections are timely filed and served within five business
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`days of service of Patent Owner’s exhibits submitted on January 10, 2020.
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`Exhibits 2167 and 2168
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`Arkema objects to Exhibits 2167 and 2168 under FRE 403 as being unfairly
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`prejudicial absent cross-examination.
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`Arkema also objects to Exhibits 2167 and 2168 under FRE 602 as lacking
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`sufficient support to find that Mr. Joseph Posillico has personal knowledge of the
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`subject matters thereof.
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`Arkema further objects to Exhibits 2167 and 2168 under FRE 701 as
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`improperly offering expert testimony via a fact witness.
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`Arkema also objects to Exhibits 2167 and 2168 as inadmissible hearsay and
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`hearsay within hearsay (see FRE 801, 802, 805) that does not fall under any
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`exceptions (e.g., FRE 803, 804, and 807).
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`1
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`PGR2016-00011
`Patent No. 9,157,017
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`Exhibits 2169, 2170, and 2171
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`Arkema objects to Exhibits 2169, 2170, and 2171 under FRE 401-403 as
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`lacking relevance to the grounds on which the Board has instituted post-grant
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`review. In particular, these exhibits do not make any fact more or less probable
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`than it would be without it. These exhibits are unfairly prejudicial, confuse the
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`issues, mislead the factfinder, and/or are a waste of time.
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`Arkema also objects to Exhibits 2169, 2170, and 2171 as inadmissible
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`hearsay (see FRE 801 and 802) that does not fall under any exceptions (e.g., FRE
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`803, 804, and 807).
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`
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`Date: January 17, 2020
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`Respectfully submitted,
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`
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`By: /Erin M. Sommers/
`Erin M. Sommers (Reg. No. 60,974)
`FINNEGAN, HENDERSON, FARABOW,
`
`GARRETT & DUNNER, L.L.P.
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`Back-up Counsel for Petitioner
`Arkema Inc. and Arkema France
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`2
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`PGR2016-00011
`Patent No. 9,157,017
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
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`Objections to Patent Owner’s Evidence was served electronically via email on
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`January 17, 2020, in its entirety on the following:
`
`Gregg F. LoCascio
`Noah Frank
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004
`glocascio@kirkland.com
`noah.frank@kirkland.com
`HON_PTAB_Service@kirkland.com
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`Patent Owner has consented to electronic service by email.
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`By: /William Esper/
`William Esper
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`Date: January 17, 2020
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