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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________
`
`QUALCOMM INC.,
`Petitioner
`
`v.
`
`BANDSPEED, INC.
`Patent Owner
`_____________________
`
`IPR2015-003141
`U.S. Patent No. 7,477,624 B2
`_____________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE SUBMITTED WITH
`PETITIONER’S PETITION UNDER 37 C.F.R. § 42.64(B)(1)
`
`
`
`
`
`Mail Stop
`Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 IPR2015-01577 has been joined with IPR2015-00314.
`
`

`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Bandspeed, Inc. (“Patent
`
`Owner” or “Bandspeed”) hereby objects to the following evidence submitted by
`
`Qualcomm, Inc. (“Petitioner” or “Qualcomm”) in conjunction with Petitioner’s
`
`Petition for Inter Partes Review, Paper 1, filed on July 13, 2015.2
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`Exhibit 1008 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`
`
`
`
`2.
`
`Exhibit 1009 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`3.
`
`Exhibit 1010 is objected to for the following reasons:
`
`
`
`
`
`(a)
`
`(b)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`
`2 Qualcomm’s Petition was originally filed in IPR2015-1577.
`
`
`
`

`
`
`
`
`
`
`
`
`
`
`
`(c)
`
`(d)
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`
`
`
`
`4.
`
`Exhibit 1011 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`
`
`
`
`5.
`
`Exhibit 1012 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`
`
`
`
`6.
`
`Exhibit 1013 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`
`
`

`
`
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`
`
`
`
`
`
`
`
`
`
`
`
`7.
`
`Exhibit 1016 is objected to for the following reasons:
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`lack of proper authentication under Fed. R. Evid. 901;
`
`hearsay under Fed. R. Evid. 801 and 802;
`
`irrelevant under Fed. R. Evid. 402; and
`
`unduly prejudicial, confusing the issues, misleading, and
`
`needlessly presenting cumulative evidence under Fed. R. Evid. 403.
`
`These objections have been timely made and served within ten (10) business
`
`
`
`days of the November 16, 2015 institution date.
`
`
`
`
`
`
`
`By: /Gregory S. Donahue/
`DATED: November 23, 2015
` Gregory S. Donahue (Reg. No. 47,531)
` DiNovo Price Ellwanger & Hardy LLP
` 7000 North MoPac Expressway
` Suite 350
`
` Austin, TX 78731
` Telephone: (512) 539-2625
` Facsimile: (512) 539-2627
`
`
`Attorney for Patent Owner Bandspeed, Inc.
`
`
`
`
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Patent Owner’s Objections to Evidence Submitted with Petitioner’s Petition
`
`Under 37 C.F.R. § 42.64(b)(1) by electronic mail on November 23, 2015 on the
`
`counsel of record for Qualcomm:
`
`NORTON ROSE FULBRIGHT US LLP
`2200 Ross Avenue, Suite 3600
`Dallas, Texas 75201-7932
`nate.rees@nortonrosefulbright.com
`richard.zembek@nortonrosefulbright.com
`eric.hall@nortonrosefulbright.com
`ross.viguet@nortonrosefublright.com
`
`
`
`
`
`DATED: November 23, 2015
`
`
`
`
`
`
`
`By: /s/ Gregory S. Donahue

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