`Filed: June 23, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WANGS ALLIANCE CORPORATION d/b/a WAC LIGHTING CO.
`Petitioner
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`v.
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`PHILIPS LIGHTING NORTH AMERICA CORPORATION
`Patent Owner
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`Case IPR2015-01294
`Patent 7,038,399
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Philips Lighting North America
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`IPR2015-01294
`U.S. Patent No. 7,038,399
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`Corporation submits the following objections to certain exhibits submitted by
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`Wangs Alliance Corporation d/b/a WAC Lighting Co. (“Petitioner”). Patent
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`Owner’s objections apply equally to Petitioner’s reliance on these exhibits in any
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`subsequently filed documents. These objections are timely, having been filed
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`within five business days of service of the evidence to which the objections are
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`directed.
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`Exhibits 1018, 1020, 1021, 1022, 1023 and 1024
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`Patent Owner objects to Exhibits 1018, 1020, 2021, 1022, 1023, and 1024
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`under Rules 401-403 of the Federal Rules of Evidence because the evidence in
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`these exhibits lacks nexus to the grounds on which the Board has instituted inter
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`partes review. Patent owner further objects because Petitioner never relied on the
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`exhibits, explained with particularity where the subject matter of any of the
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`challenged claims can be found in any of the exhibits, stated the relevance of the
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`exhibits, and/or identified specific portions of the exhibits that support the
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`challenges in the Petition.
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`Exhibit 1019
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`Patent Owner objects to Exhibit 1019 under Rule 702 of the Federal Rules of
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`Evidence because opinions contained therein are conclusory and lack sufficient
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`explanation. The opinions are not based on sufficient facts or data, and are not the
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`2
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`product of reliable principles and methods reliably applied to the facts of the case.
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`IPR2015-01294
`U.S. Patent No. 7,038,399
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`See 37 C.F.R. § 42.65.
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`Dated: June 23, 2016
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`Respectfully submitted,
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`/Denise W. DeFranco/
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP.
`Denise W. DeFranco (Reg. No. 36,401)
`denise.defranco@finnegan.com
`Two Seaport Lane
`Boston, MA 02210-2001
`Telephone: (617) 646-1600
`Facsimile: (617) 646-1666
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`C. Brandon Rash (Reg. No. 59,121)
`brandon.rash@finnegan.com
`J. Mandy Song (Reg. No. 69,583)
`mandy.song@finngan.com
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4475
`Facsimile: (202) 408-4400
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`Attorneys for Patent Owner
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`3
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`IPR2015-01294
`U.S. Patent No. 7,038,399
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing was served on
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`June 23, 2016, via email directed to counsel of record for the Petitioner at the
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`following:
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`David C. Radulescu, Ph.D.
`david@radulescullp.com
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`Angela Chao
`angela@radulescullp.com
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`Tigran Vardanian
`tigran@ radulescullp.com
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`Etai Lahav
`etai@radulescullp.com
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`Michael Sadowitz
`mike@radulescullp.com
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`Joseph Mercadante
`joseph@radulescullp.com
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`/Denise W. DeFranco/
`Denise W. DeFranco
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`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
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`Date: June 23, 2016
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