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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`
`_____________________
`
`Case No. IPR2015-00414
`Patent 7,643,168 B2
`_____________________
`
`DURING PRELIMINARY PROCEEDING UNDER 37 C.F.R. § 42.64(b)(1)
`
`PETITIONER APPLE, INC.’S OBJECTIONS TO EVIDENCE SUBMITTED
`
`
`
`0
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the Petitioner Apple Inc. hereby objects
`
`to the following evidence submitted by Patent Owner during the preliminary
`
`proceeding for Inter Partes Review of U.S. Patent No. 7,643,168, the petition for
`
`which was filed on December 11, 2014.
`
`1. Exhibit 2001 is objected to for lack of proper authentication under Fed. R.
`
`Ev. 901;
`
`2. Exhibit 2001 is further objected to as hearsay under Fed. R. Ev. 801 and
`
`802;
`
`3. Exhibit 2001 is further objected to as irrelevant under Fed. R. Ev. 402;
`
`4. Exhibit 2001 is further objected to as unduly prejudicial, confusing the
`
`issues, misleading, and needlessly presenting cumulative evidence under
`
`Fed. R. Ev. 403;
`
`5. Exhibit 2001 is further objected to as an improper summary of evidence of
`
`non-voluminous writings that is also inaccurate, is prejudicial, and has not
`
`been introduced through the testimony of a witness under Fed. R. Evid.
`
`1006;
`
`These objections have been timely made and served within 10 business days
`
`from the July 1, 2015 Decision on Institution of Inter Partes Review.
`
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Brian M. Buroker
`
`Brian M. Buroker (Reg. No. 39,125) (lead)
`Blair A. Silver (Reg. No. 68,003) (back-up)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8500
`Facsimile: 202.467.0539
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`Attorneys for Petitioner Apple, Inc.
`
`
`
`
`
`
`
`2
`
`Respectfully submitted,
`
`
`DATED: July 15, 2015
`
`
`
`.
`
`
`
`
`
`
`
`
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`CERFITICATE OF SERVICE
`
`The undersigned certifies service pursuant to 37 C.F.R. § 42.6(e) of a copy
`
`of this Objections to Evidence by electronic mail on July 15, 2015 on the counsel
`
`of record of the Patent Owner:
`
`Robert C. Curfiss, bob@curfiss.com
`
`David Simmons, dsimmons1@sbcglobal.net
`
`
`
`DATED: July 15, 2015
`
`By: /s/Brian M. Buroker
`
`
`
`Brian M. Buroker (Reg. No. 39,125)
`
`Attorney for Petitioner Apple, Inc.
`
`1
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