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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Under Armour Inc.
`Petitioner
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`v.
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`adidas AG,
`Patent Owner
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`
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`Case No. IPR2015-00698
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`Patent No. 8,092,345
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`PATENT OWNER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PETITIONER UNDER ARMOUR INC.’S
`REPLY TO PATENT OWNER’S RESPONSE
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`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner objects as follows to the
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`admissibility of evidence served with Petitioner Under Armour Inc.’s Reply to
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`Patent Owner’s Response in the Inter Partes Review of U.S. Patent No. 8,092,345.
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`1
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`Evidence
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`Objections
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`Exhibit 1011
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`FRE 402: portions of the exhibit are not relevant to any ground
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`upon which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`wasting time, or needlessly presenting cumulative evidence.
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`FRE 602: Paragraphs 177-205 and 206-246 of the exhibit include
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`assertions for which evidence has not been introduced sufficient
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`to show that the witness has personal knowledge of the matters
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`asserted.
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`FRE 701/702/703: Paragraphs 177-205 and 206-246 of the
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`exhibit include opinions that are not admissible under FRE 701,
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`702, or 703, or Daubert v. Merrell Dow Pharms., Inc., 509 U.S.
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`579 (1993).
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`FRE 801/802: Paragraphs 177-205 and 206-246 of the exhibit
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`include statements that are inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`2
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`
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`Evidence
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`Objections
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`FRE 805: the exhibit contains improper hearsay within hearsay.
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`FRE 1006: the exhibit provides an improper summary of the
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`evidence.
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`37 C.F.R. § 42.65: the exhibit includes expert testimony that
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`does not disclose the underlying facts or data and improper
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`discussion of patent law.
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`Exhibit 1012
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`Patent Owner maintains its objections made during the deposition
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`of William Michalson.
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`FRE 402: the exhibit is not relevant to any ground upon which
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`trial was instituted.
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`FRE 802: the exhibit is inadmissible hearsay if offered to prove
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`the truth of any matter allegedly asserted therein.
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`37 C.F.R. § 42.65: the exhibit does not conform to the
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`requirements for taking testimony in an inter partes review
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`proceeding, including, but not limited to, the limitations placed
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`on the scope of deposition testimony and the manner of taking
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`deposition testimony.
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`3
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`
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`Evidence
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`Objections
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`FRE 901: Petitioner has not produced evidence sufficient to
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`support a finding that the exhibit is what Petitioner claims it is.
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`Exhibit 1013
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`Lack of Foundation: Petitioner has not provided sufficient
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`explanation of what the exhibit is or what it allegedly shows.
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`FRE 402: the exhibit is not relevant to any ground upon which
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`trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
`
`wasting time, or needlessly presenting cumulative evidence.
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`FRE 802: the exhibit is inadmissible hearsay if offered to prove
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`the truth of any matter allegedly asserted therein.
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`Exhibit 1014
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`FRE 402: portions of the exhibit are not relevant to any ground
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`upon which trial was instituted.
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`FRE 403: the exhibit’s probative value to any ground upon
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`which trial was instituted is substantially outweighed by the
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`danger of unfair prejudice, confusing the issues, undue delay,
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`4
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`
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`Evidence
`
`Objections
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`wasting time, or needlessly presenting cumulative evidence.
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`FRE 602: Paragraphs 12-15, 16-17, and 18-30 of the exhibit
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`include assertions for which evidence has not been introduced
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`sufficient to show that the witness has personal knowledge of the
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`matters asserted.
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`FRE 701/702/703: Paragraphs 12-15, 16-17, and 18-30 of the
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`exhibit include opinions that are not admissible under FRE 701,
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`702, or 703, or Daubert v. Merrell Dow Pharms., Inc., 509 U.S.
`
`579 (1993).
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`FRE 801/802: Paragraphs 12-15, 16-17, and 18-30 of the exhibit
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`include statements that are inadmissible hearsay if offered to
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`prove the truth of any matter allegedly asserted therein.
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`FRE 805: the exhibit contains improper hearsay within hearsay.
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`FRE 1006: the exhibit provides an improper summary of the
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`evidence.
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`37 C.F.R. § 42.65: the exhibit includes expert testimony that
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`does not disclose the underlying facts or data and improper
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`5
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`
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`Evidence
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`discussion of patent law.
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`Objections
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`Dated: February 23, 2016
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`Respectfully submitted,
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`
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`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
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`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
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`6
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`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to
`Admissibility of Evidence
`Served with Petitioner’s Reply
`
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PATENT OWNER’S
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`OBJECTIONS TO ADMISSIBILITY OF EVIDENCE SERVED WITH
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`PETITIONER UNDER ARMOUR INC.’S REPLY TO PATENT OWNER’S
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`RESPONSE was served via email on the date below, upon the following:
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`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`brian.ferguson@weil.com
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`Dated: February 23, 2016
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`Anish R. Desai
`Weil Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7103
`anish.desai@weil.com
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`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`7