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`Filed June 21, 2017
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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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`SOLENIS LLC
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`Petitioner,
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`v.
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`ECOLAB USA INC.
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`Patent Owner.
`
`
`Case IPR2016-01281
`Patent 8,465,623
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`PETITIONER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1) TO
`PATENT OWNER’S EXHIBITS 2017-2018
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`Case IPR2016-01281
`Patent 8,465,623
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner objects to the admissibility of
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`Patent Owner’s Exhibits 2017-2018 as follows.
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`EXHIBIT 2017
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`Petitioner maintains all objections made during the deposition of Dr. Dyer,
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`including the portions of Dr. Dyer’s deposition that Patent Owner included as
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`Exhibit 2017.
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`EXHIBIT 2018
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`
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`Petitioner objects to the admissibility of Exhibit 2018 under FED. R. EVID.
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`401 and 402. Exhibit 2018 contains information that is not relevant to any issue in
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`this proceeding.
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`Petitioner also objects to the admissibility of Exhibit 2018 under FED. R.
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`EVID. 403 as unduly prejudicial to Petitioner.
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`Petitioner also objects to the admissibility of Exhibit 2018 under FED. R.
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`EVID. 602 for lacking foundation and personal knowledge. The witness, Professor
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`Robert Pelton, makes factual statements and refers to exhibits throughout his
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`declaration without showing that he has any personal knowledge of such fact or
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`exhibit and otherwise fails to provide any foundation for such factual statements
`and exhibits.
`Petitioner objects to the admissibility of Exhibit 2018 under FED. R. EVID.
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`702 and 703. The witness offering declaration testimony, (a) lacks the knowledge,
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`1
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`Case IPR2016-01281
`Patent 8,465,623
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`skill, experience, training, or education to testify as an expert in a manner that is
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`helpful to the Board; (b) provides opinions that are not based on sufficient facts or
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`data; (c) has not applied reliable principles and methods; and (d) has not reliably
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`applied such principles and methods to the facts of the case. Further, the witness
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`offering declaration testimony does not base his opinion on facts or data that he has
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`been made aware of or personally observed and the witness fails to demonstrate
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`that such facts or data would be reasonably relied upon by experts in the particular
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`field.
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`Petitioner also objects to the admissibility of Exhibit 2018 under FED. R.
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`EVID. 801 and 802. This exhibit incorporates or conveys inadmissible hearsay that
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`is offered to prove the truth of matters allegedly asserted therein.
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`
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`Dated: June 21, 2017
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`
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`Respectfully submitted,
`/s/Michael P. Chu
`Michael P. Chu (Reg. No. 37,112)
`Kevin P. Shortsle (Reg. No. 58,084)
`McDermott Will & Emery LLP
`444 West Lake Street
`Chicago, Illinois 60606
`Phone: 312.372.2000
`Fax: 312.984.7700
`mchu@mwe.com
`kshortsle@mwe.com
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`Attorneys for Petitioner
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`2
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`Case IPR2016-01281
`Patent 8,465,623
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`CERTIFICATE OF SERVICE
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`I certify that I sent a copy of the foregoing PETITIONER’S OBJECTIONS UNDER
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`37 C.F.R. § 42.64(B)(1) TO PATENT OWNER’S EXHIBITS 2017-18 on June 21, 2017
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`by electronic mail to the attorneys of record for the Patent Owner at the following
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`e-mail addresses:
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`tzeuli@merchantgould.com
`alagatta@merchantgould.com
`amayer@merchantgould.com
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`DM_US 82643849‐1.098680.0012
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`/s/Michael P. Chu
`Michael P. Chu (Reg. No. 37,112)
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