Ex Parte LEE - Page 37





                Lee preliminary motion 11. Accordingly, Lee preliminary motion I I is dismissed.                                                     

                         Lee motion to suppress                                                                                                      

                         Lee moves to exclude paragraphs 21-24 of exhibit 2042, exhibit 203 1, and exhibit 2050.                                     
                Lee seeks to exclude paragraphs 21-24 of exhibit 2042, as those paragraphs were relied on by van                                     
                Engelen in support of van Engelen's opposition 7. Lee preliminary motion 7 was dismissed.                                            
                Accordingly, there was no occasion to consider van Engelen's opposition 7. Thus, we find it                                          
                unnecessary to consider the specific objections with respect to exhibit 2042.                                                        

                         Lee moves to suppress exhibit 2031, as being unauthenticated under FRE 901. Exhibit                                         
                2031 is a translation of FP '409, an application for which van Engelen sought and was granted                                        
                the benefit (van Engelen preliminary motion 6). The exhibit 2031 is accompanied by a                                                 
                "translator's verification." Lee objected to the verification as lacking proper authentication due                                   
                to critical defects in the verification. In response to Lee's arguments in its opposition 6 and                                      
                objections to van Engelen exhibit 203 1, van Engelen filed and served, along with its reply 6, an                                    
                exhibit 2050, which is a corrected translator's verification. Lee argues that exhibit 2050 should                                    
                be suppressed as being submitted too late and not in accordance with Standing Order § 34,                                            

                         We find it unnecessary to consider the specific objections to the admissibility of exhibits                                 
                2031 and 2050, since, despite being accorded the benefit of the '409 application, judgment is                                        
                entered against van Engelen based on priority, even assuming the exhibits to be admissible.                                          

                         For these reasons, Lee's motion to suppress is dismissed.                                                                   





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