UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`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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`Case No. IPR2015-00698
`U.S. Patent No. 8,092,345
`
`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PATENT OWNER ADIDAS AG’S MOTION TO
`EXCLUDE
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`UNDER ARMOUR, INC.
`Petitioner,
`
`
`
`v.
`
`
`
`ADIDAS AG,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-00698
`U.S. Patent No. 8,092,345
`
`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PATENT OWNER ADIDAS AG’S MOTION TO
`EXCLUDE
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b), Petitioner Under Armour, Inc., hereby
`
`
`
`objects as follows to the admissibility of evidence served with Patent Owner adidas
`
`AG’s Motion to Exclude.
`
`Evidence
`
`Objections
`
`Exhibit 2025
`
`Petitioner maintains its objections made during the deposition
`
`of Julie Davis.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`37 CFR § 42.65: the exhibit does not conform to the
`
`requirements for taking testimony in an inter partes review
`
`proceeding, including, but not limited to, the limitations placed
`
`on the scope of deposition testimony and the manner of taking
`
`deposition testimony.
`
`Exhibit 2026
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`2
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`
`
`
`
`Evidence
`
`Objections
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`Exhibit 2027
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`Exhibit 2028
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`3
`
`
`
`
`
`
`
`Evidence
`
`Objections
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`Exhibit 2029
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`Exhibit 2030
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`4
`
`
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`
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`
`
`Evidence
`
`Objections
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2031
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2032
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`5
`
`
`
`
`
`
`
`Evidence
`
`Objections
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2033
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2034
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`6
`
`
`
`
`
`
`
`Evidence
`
`Objections
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2035
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`7
`
`
`
`
`
`
`
`Evidence
`
`Objections
`
`claims it is.
`
`Exhibit 2036
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2037
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`8
`
`
`
`
`
`
`
`Evidence
`
`Objections
`
`hearsay.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`
`to support a finding that the exhibit is what Patent Owner
`
`claims it is.
`
`Exhibit 2039
`
`Petitioner maintains its objections made during the deposition
`
`of Joseph Paradiso.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`37 CFR § 42.65: the exhibit does not conform to the
`
`requirements for taking testimony in an inter partes review
`
`proceeding, including, but not limited to, the limitations placed
`
`on the scope of deposition testimony and the manner of taking
`
`deposition testimony.
`
`Exhibit 2040
`
`Lack of Foundation: Patent Owner has not provided sufficient
`
`explanation of what the exhibit is or what it allegedly shows.
`
`9
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`
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`
`
`
`
`Evidence
`
`Objections
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 802: the exhibit is inadmissible hearsay if offered to prove
`
`the truth of any matter allegedly asserted therein.
`
`FRE 805: the exhibit contains improper hearsay within
`
`hearsay.
`
`
`
`10
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`Respectfully submitted,
`
`/Brian E. Ferguson/
`Brian E. Ferguson (Reg. No. 36,801)
`Anish R. Desai (Reg. No. 73,760)
`Christopher T. Marando (Reg. No.67,898)
`W. Sutton Ansley (Reg. No. 67,828)
`Robert T. Vlasis (Pro Hac Vice)
`Zachary C. Garthe (Pro Hac Vice)
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`brian.ferguson@weil.com
`anish.desai@weil.com
`christopher.marando@weil.com
`sutton.ansley@weil.com
`robert.vlasis@weil.com
`zachary.garthe@weil.com
`
`
`
`
`
`11
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`Dated: April 15, 2016
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`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that on April 15, 2016, the foregoing
`
`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`
`SERVED WITH PATENT OWNER ADIDAS AG’S MOTION TO
`
`EXCLUDE was served via electronic mail, upon the following:
`
`Mitchell G. Stockwell
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`mstockwell@kilpatricktownsend.com
`
`Wab P. Kadaba
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`wkadaba@kilpatricktownsend.com
`
`Jonathan D. Olinger
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`jolinger@kilpatricktownsend.com
`
`/Timothy J. Andersen/ c
`Timothy J. Andersen
`Case Manager
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`timothy.andersen@weil.com
`
`
`
`12
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