`
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`K-40 ELECTRONICS, LLC
`Petitioner,
`
`v.
`
`ESCORT, INC.
`Patent Owner.
`
`__________
`
`Case IPR2013-00203
`
`Patent 7,999,721
`
`__________
`
`PETITIONER’S OBJECTIONS TO DEMONSTRATIVES
`
`
`
`
`
`
`
`1
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`K-40 ELECTRONICS, LLC
`Petitioner’s Objections to Demonstratives
`IPR2013-00203
`Patent 7,999,721
`
`Pursuant to the Order for Oral Hearing of May 15, 2014, petitioner objects to
`
`the Patentees demonstrative submissions of June 10, 2014.
`
`As outlined in more detail below, at least demonstratives 125, and 324 - 326
`
`(IPR2013-00203) are improper.
`
`Demonstrative 125 is a screen image allegedly referring to a “I26 South @
`
`exit 6: Odometer 405 Real Police Radar Trap.” The image appears to be offered in
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`support of the patentee’s antedating effort, and includes, a visual depiction of
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`frequency characteristics of a particular radar signal and geographic location
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`information. Heretofore, the patentee’s antedating effort has not included any
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`argument relative to this image, which is entirely new.
`
`Demonstrative 324 is a drawing that shows what appears to be a tape
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`recorder and a laptop computer displaying demonstrative 125, and an automobile
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`with its odometer showing 405. The automobile in the photograph is shown
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`passing exit 37. A red lightning bolt is shown between the tape recorder and the
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`laptop computer. The red lightning bolt suggests that the tape recorder and the
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`laptop computer could communicate directly with each other absent human
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`intervention. There is nothing in evidence, nor was it ever argued that the tape
`
`
`
`2
`
`
`
`K-40 ELECTRONICS, LLC
`Petitioner’s Objections to Demonstratives
`IPR2013-00203
`Patent 7,999,721
`
`
`recorder and the laptop computer could directly communicate with each other
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`without human intervention.
`
`Demonstrative 325 is a drawing that shows three GPS satellites sending data
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`to and receiving data from what appears to be the GPS antenna of demonstrative
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`131. The GPS antenna is shown connected to what appears to be a GPS module.
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`The GPS module is shown inserted into the left side of a laptop computer. The
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`laptop computer is also shown to be directly connected to what appears to be a
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`radar detector. The above-discussed items are shown to be in an automobile that is
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`passing exit 37. Demonstrative 325 includes depictions that are not in the record.
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`For example, there is no evidence or argument in the record supporting that any
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`radar detector was connected directly to a laptop computer via a cable.
`
`Demonstrative 326 appears to be a Google streetview image of an
`
`automobile on a highway with various automobiles and surroundings. The
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`streetview image is not of record. It is believed that the purpose of the
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`demonstrative is to indicate that “Old Exit 6” is equivalent to “New Exit 37”.
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`There is no evidence or argument of record relating to such an equivalence.
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`
`
`Demonstratives 130 and 340 - 342 for the ‘905 patent (IPR2013-00240) are
`
`also improper.
`
`
`
`3
`
`
`
`K-40 ELECTRONICS, LLC
`Petitioner’s Objections to Demonstratives
`IPR2013-00203
`Patent 7,999,721
`
`
`As indicated in the email sent to trials@uspto.gov on Thursday, June 12,
`
`
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`2014, the parties are available for a teleconference on Friday, June 13, 2014
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`between 9-11AM or after 3PM to address these issues.
`
`Dated: June 12, 2014
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`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/Scott A. McKeown/
`Scott A. McKeown (Reg. No. 42,866)
`Attorney for Petitioner
` K-40 ELECTRONICS, LLC
`
`
`
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`
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`
`
`
`4
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`
`
`K-40 ELECTRONICS, LLC
`Petitioner’s Objections to Demonstratives
`IPR2013-00203
`Patent 7,999,721
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PETITIONER’S
`
`
`
`OBJECTIONS TO DEMONSTRATIVES was served on June 13, 2014, via UPS
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`Next Day Air, to the following:
`
`WOOD, HERRON & EVANS, LLP
`2700 CAREW TOWER
`441 VINE STREET
`CINCINNATI OH 45202
`
`
`
`Date: June 13, 2014
`
`
`
`
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`
`
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`
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`
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`
`
`/Scott A. McKeown /
`Scott A. McKeown (Reg. No. 42,866)
`
`
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`
`
`5
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