`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Under Armour Inc.
`Petitioner
`
`v.
`
`adidas AG,
`Patent Owner
`
`
`
`
`Case No. IPR2015-00698
`
`Patent No. 8,092,345
`
`PATENT OWNER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED WITH PETITIONER’S OPPOSITION TO
`PATENT OWNER’S MOTION TO EXCLUDE
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner objects as follows to the
`
`admissibility of evidence served with Petitioner Under Armour Inc.’s Opposition
`
`to Patent Owner’s Motion to Exclude in the Inter Partes Review of U.S. Patent No.
`
`8,092,345.
`
`
`
`
`
`
`
`1
`
`
`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to Admissibility of Evidence
`Served with Petitioner’s Opposition to Motion to Exclude
`
`
`
`
`Evidence
`
`Exhibit 1017 -
`Transcript of
`October 21-22,
`2015 deposition
`of Dr. William
`Michalson
`(Part I)
`
`Objections
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 403: the exhibit’s probative value to any ground upon
`
`which trial was instituted is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, undue delay,
`
`wasting time, or needlessly presenting cumulative evidence.
`
`37 C.F.R. § 42.53: 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 1018 -
`Transcript of
`October 21-22,
`2015 deposition
`of Dr. William
`Michalson
`(Part II)
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 403: the exhibit’s probative value to any ground upon
`
`which trial was instituted is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, undue delay,
`
`2
`
`
`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to Admissibility of Evidence
`Served with Petitioner’s Opposition to Motion to Exclude
`
`
`Evidence
`
`Objections
`
`wasting time, or needlessly presenting cumulative evidence.
`
`37 C.F.R. § 42.53: 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.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 403: the exhibit’s probative value to any ground upon
`
`which trial was instituted is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, undue delay,
`
`wasting time, or needlessly presenting cumulative evidence.
`
`FRE 402: the exhibit is not relevant to any ground upon which
`
`trial was instituted.
`
`FRE 403: the exhibit’s probative value to any ground upon
`
`which trial was instituted is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, undue delay,
`
`Exhibit 1019 -
`Petitioner’s
`September 9,
`2015 Responses
`to Patent
`Owner’s
`Objections to
`Admissibility of
`Evidence
`
`Exhibit 1020
`Santarus, Inc.
`v. Par
`Pharmaceutical,
`Inc., No. 07-551
`(GMS),
`Document 163
`(D. Del. June
`26, 2009)
`
`3
`
`
`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to Admissibility of Evidence
`Served with Petitioner’s Opposition to Motion to Exclude
`
`
`Evidence
`
`Objections
`
`wasting time, or needlessly presenting cumulative evidence.
`
`
`Dated: April 27, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`4
`
`
`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s Objections to Admissibility of Evidence
`Served with Petitioner’s Opposition to Motion to Exclude
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of PATENT OWNER’S
`
`OBJECTIONS TO ADMISSIBILITY OF EVIDENCE SERVED WITH
`
`PETITIONER’S OPPOSITION TO PATENT OWNER’S MOTION TO
`
`EXCLUDE was served via email on the date below, upon the following:
`
`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`brian.ferguson@weil.com
`
`
`
`Dated: April 27, 2016
`
`
`
`
`
`
`
`
`
`Anish R. Desai
`Weil Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7103
`anish.desai@weil.com
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`5
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