`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`Petitioners
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`v.
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`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner
`_____________
`
`Case IPR2015-01277
`Patent No. 8,309,943
`_____________
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`PATENT OWNER’S OBJECTION TO EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64(b)(1)
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`IPR2015-01277
`Patent No. 8,309,943
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Energetiq Technology,
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`Inc. objects to the admissibility of Petitioner’s Exhibit 1002. The bases of the
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`objection are:
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`a. The exhibit is incomplete and may result in unfair prejudice, confusing the
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`issues, misleading the factfinder, undue delay, and/or wasting time under
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`Fed. R. Evid. 403.
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`b. The exhibit is hearsay under Fed. R. Evid. 802.
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`c. The exhibit is not authenticated under Fed. R. Evid. 901.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1003
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`(“Gӓrtner”). The bases of the objection are:
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`a. The English Translation in the exhibit is inaccurate and may result in unfair
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`prejudice, confusing the issues and/or misleading the factfinder under Fed.
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`R. Evid. 403.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1004
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`(“Hiura”). The bases of the objection are:
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`a. The exhibit is not relevant to this proceeding under Fed. R. Evid. 401 and
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`402. Any facts within Exhibit 1004 are not “of consequence in determining
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`IPR2015-01277
`Patent No. 8,309,943
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`the action” as the Board declined to institute inter partes review based on
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`Hiura. Fed. R. Evid. 401; Institution Decision at 13.
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`b. The exhibit may result in unfair prejudice, confusing the issues, misleading
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`the factfinder, undue delay, and/or wasting time under Fed. R. Evid. 403.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1007.
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`The bases of the objection are:
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`a. The exhibit is hearsay under Fed. R. Evid. 801 and inadmissible under Fed.
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`R. Evid. 802.
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`b. The exhibit is not authenticated under Fed. R. Evid. 901.
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`c. There is no admissible evidence regarding the date or the manner in which
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`the exhibit was made available to the public, if ever, and it therefore does
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`not constitute prior art.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1008.
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`The bases of the objection are:
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`a. The exhibit is hearsay under Fed. R. Evid. 801 and inadmissible under Fed.
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`R. Evid. 802.
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`b. The exhibit is not authenticated under Fed. R. Evid. 901.
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`3
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`IPR2015-01277
`Patent No. 8,309,943
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1011.
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`The bases of the objection are:
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`a. The exhibit is redacted and incomplete, which may result in unfair prejudice,
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`confusing the issues, and/or misleading the factfinder under Fed. R. Evid.
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`403.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1012.
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`The bases of the objection are:
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`a. The exhibit is redacted and incomplete, which may result in unfair prejudice,
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`confusing the issues, and/or misleading the factfinder under Fed. R. Evid.
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`403.
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`Patent Owner also objects to the admissibility of Petitioner’s Exhibit 1013.
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`The bases of the objection are:
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`a. The exhibit is redacted and incomplete, which may result in unfair prejudice,
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`confusing the issues, and/or misleading the factfinder under Fed. R. Evid.
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`403.
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`IPR2015-01277
`Patent No. 8,309,943
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`This objection is made within 10 business days from the November 30, 2015
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`institution of trial. Patent Owner expressly reserves the right to file a motion to
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`exclude portions of, or the entirety of, the exhibits referenced herein.
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`Respectfully submitted,
`PROSKAUER ROSE LLP
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`/ Joseph A. Capraro Jr. Reg. No. 36,471 /
`Joseph A. Capraro Jr., Reg. No. 36,471
`Attorney for Patent Owner
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`Date: December 14, 2015
`PROSKAUER ROSE LLP
`One International Place
`Boston, MA 02110
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`5
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`IPR2015-01277
`Patent No. 8,309,943
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on December 14, 2015 the above PATENT
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`OWNER’S OBJECTION TO EVIDENCE PURSUANT TO 37 C.F.R. §
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`42.64(b)(1) was served pursuant to 37 C.F.R. § 42.6 electronically on Petitioner
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`(by consent of the parties) to the following email addresses:
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`Don.Steinberg@wilmerhale.com
`David.Cavanaugh@wilmerhale.com
`MichaelH.Smith@wilmerhale.com
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`/ Fabio E. Tarud /
`Fabio E. Tarud
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`Date: December 14, 2015
`PROSKAUER ROSE LLP
`11 Times Square
`New York, NY 10036
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`6
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