`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
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`FedEx Corporation,
`Petitioner
`
`v.
`
`Intellectual Ventures II LLC,
`Patent Owner
`_________________________
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`_________________________
`
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`PETITIONER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner objects to the admissibility of
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`Case IPR2017-00787
`U.S. Patent No. 7,199,715
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`
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`the following exhibits submitted by Patent Owner, on the grounds set forth below.
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`Reference to a “rule” herein means the Federal Rules of Evidence.
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`I. OBJECTIONS TO EXHIBIT 2005
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`Petitioner objects to Exhibit 2005 in its entirety under Rule 402 (lack of
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`relevance), Rule 403 (misleading, confusing, unfair prejudice, waste of time),
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`Rules 602, 702, and 703 (lack of foundation, speculation, and lack of personal
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`knowledge), Rule 705 and 37 C.F.R. § 42.65 (failure to disclose underlying facts
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`or data), Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and 37 C.F.R.
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`§ 1.68. Among other things, the declarant’s conclusory declaration (1) fails to
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`establish that he has expertise relevant to the subject matter involved in the present
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`proceeding, (2) fails to provide the facts or data upon which he bases his opinions,
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`(3) relies on inadmissible hearsay and unauthenticated evidence, and (4) offers
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`improper legal conclusions. Furthermore, there is no indication that the declarant
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`based his opinions on facts or data upon which an expert in the relevant field
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`would reasonably rely. Moreover, Patent Owner never cites to paragraphs 1-28, 39,
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`43-45, 52-55, 58-60, 66-69, 71-74, 76, 77, 79-101, 104-106, 108-110, or 112-118
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`of exhibit 2005. The uncited paragraphs and the opinions stated therein are
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`irrelevant or, in the alternative, prejudicial, confusing, or a waste of time.
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`2
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`
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`Date: November 27, 2017
`
`Case IPR2017-00787
`U.S. Patent No. 7,199,715
`
`Respectfully submitted,
`
`
`
`
`
`/Michael V. Young, Sr./
`Michael V. Young, Sr.
`Registration No. 61,180
`E-mail: michael.young@finnegan.com
`
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`Two Freedom Square,
`11955 Freedom Drive
`Reston, VA 20190-5675
`Tel. 571-203-2700
`Fax 202-408-4400
`
`Counsel for Petitioner
`
`
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`3
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`
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`CERTIFICATE OF SERVICE
`foregoing PETITIONER’S
`The undersigned
`certifies
`that
`the
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`OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. § 42.64 was served
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`electronically via e-mail pursuant to 37 C.F.R. § 42.6(e) on November 27, 2017, in
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`its entirety to all parties in the matter, as follows:
`
`Tim R. Seeley (Reg. No. 53,575)
`tim@intven.com
`
`James R. Hietala (Reg. No. 51,801)
`jhietala@intven.com
`INTELLECTUAL VENTURES
`3150 139th Avenue, SE
`Bellevue, WA 98005
`Tel: (425) 467-2300
`Fax: (425) 467-2350
`
`
`Andrew G. Heinz (Reg. No. 59,996)
`aheinz@desmaraisllp.com
`
`Kevin K. McNish (Reg. No. 65,047)
`kkm-ptab@desmaraisllp.com
`
`Alan S. Kellman (Reg. No. 46,822)
`akellman@desmaraisllp.com
`
`Lauren M. Nowierski (pro hac vice)
`lnowierski@desmaraisllp.com
`
`Adam D. Steinmetz (Reg. No. 65,555)
`asteinmetz@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Tel: (212) 351-3400
`Fax: (212) 351-3401
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`/Mark A. Rosenberger/
`Mark A. Rosenberger
`Case Manager
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
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`
`
`
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