Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
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`Filed on behalf of Hewlett-Packard Company
`By: David L. Cavanaugh, Reg. No. 36,476
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`1875 Pennsylvania Avenue NW
` Washington, DC 20006
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`David.Cavanaugh@wilmerhale.com
`
`Telephone: (202) 663-6025
`Owen Allen, Reg. No. 71,118
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`950 Page Mill Road
`
`Palo Alto, CA 94304
`
`Owen.Allen@wilmerhale.com
`
`Telephone: (650) 600-5029
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`HEWLETT-PACKARD COMPANY
`Patent Owner
`___________________
`
`Case No. IPR2015-00523
`Patent 6,321,229
`Filed: January 5, 2015
`___________________
`
`
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`PATENT OWNER’S NOTICE OF OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`147215866v.1
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`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`
`Filed on behalf of Hewlett-Packard Company
`By: David L. Cavanaugh, Reg. No. 36,476
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`1875 Pennsylvania Avenue NW
` Washington, DC 20006
`
`David.Cavanaugh@wilmerhale.com
`
`Telephone: (202) 663-6025
`Owen Allen, Reg. No. 71,118
` Wilmer Cutler Pickering Hale and Dorr LLP
`
`950 Page Mill Road
`
`Palo Alto, CA 94304
`
`Owen.Allen@wilmerhale.com
`
`Telephone: (650) 600-5029
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`HEWLETT-PACKARD COMPANY
`Patent Owner
`___________________
`
`Case No. IPR2015-00523
`Patent 6,321,229
`Filed: January 5, 2015
`___________________
`
`
`
`PATENT OWNER’S NOTICE OF OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`147215866v.1
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`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`Patent Owner Hewlett-Packard Company (“HP”) hereby provides notice to
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`
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`the Board that the objections made on the record herewith in order to preserve these
`
`objections were served on Petitioner ServiceNow, Inc. pursuant to 37 C.F.R. §
`
`Respectfully Submitted,
`
`/Owen K. Allen/
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Email: David.Cavanaugh@wilmerhale.com
`Telephone: (202) 663-6025
`Facsimile: (202) 663-6363
`
`Owen Allen, Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Email: Owen.Allen@wilmerhale.com
`Telephone: (650) 600-5029
`Facsimile: (650) 858-6100
`
`Attorneys for Patent Owner Hewlett-
`Packard Company
`
`42.64.
`
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`
`
`Date: August 4, 2015
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`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SERVICENOW, INC.
`Petitioner
`
`v.
`
`HEWLETT-PACKARD COMPANY
`Patent Owner
`___________________
`
`Case No. IPR2015-00523
`Patent 6,321,229
`Filed: January 5, 2015
`___________________
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64
`
`
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`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owner Hewlett-Packard Company
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`(“HP”) objects to the admissibility of the documents identified below that were
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`submitted by Petitioner during the preliminary proceedings, for the following
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`reasons:
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`1. Petitioner’s Exhibits 1004 and 1005 are objected to because they have not
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`been properly authenticated as required by Federal Rule of Evidence (FRE) 901.
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`These documents are not self-authenticating.
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`2. Petitioner’s Exhibits 1004 and 1005 are objected to because there is no
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`admissible evidence establishing that these exhibits were sufficiently publicly
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`accessible prior to February 26, 1999, and therefore there is no evidence that these
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`documents qualify as prior art as printed publications. Petitioner has failed to
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`establish that the excerpts of Exhibits 1004 and 1005 accurately depict any
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`publications that were allegedly made prior to February 26, 1999. Exhibits 1004
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`and 1005 are also objected to as being hearsay, in that Petitioner apparently relies on
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`a date on each exhibit as proof of a publication date.
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`3. Patent Owner HP also objects to the statements regarding Exhibits 1004
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`and 1005 in the Petition and Exhibit 1002 (Declaration of David Klausner). For
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`example, in Exhibit 1002 Mr. Klausner provides no testimony from personal
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`knowledge regarding whether Exhibits 1004 and 1005 are authentic or whether
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`147215866v.1
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`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
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`these documents qualify as printed publications, and these documents have not been
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`established as printed publications and have not been authenticated as required by
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`FRE 901. Thus, all statements in the Petition and testimony by Mr. Klausner
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`concerning these exhibits lack foundation, assume facts not in evidence, and are
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`improper testimony.
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`These objections have been made within ten business days from the July 21,
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`Respectfully Submitted,
`
`/Owen K. Allen/
`David L. Cavanaugh, Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Email: David.Cavanaugh@wilmerhale.com
`Telephone: (202) 663-6025
`Facsimile: (202) 663-6363
`
`Owen Allen, Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Email: Owen.Allen@wilmerhale.com
`Telephone: (650) 600-5029
`Facsimile: (650) 858-6100
`
`Attorneys for Patent Owner Hewlett-
`Packard Company
`
`2015 institution of trial.
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`Date: August 4, 2015
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`Case No. IPR2015-00523
`Patent No. 6,321,229
`Docket No.: 1361550.00478US1
`
`
`CERTIFICATE OF SERVICE
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`I hereby certify that on August 4, 2015, I caused a true and correct copy of the
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`
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`foregoing documents:
`
` PATENT OWNER’S NOTICE OF OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
` PATENT OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64
`to be served via email on the following attorneys of record for Petitioner:
`
` Heidi L. Keefe (hkeefe@cooley.com; zpatdcdocketing@cooley.com)
`
` Andrew C. Mace (amace@cooley.com; zpatdcdocketing@cooley.com)
`
` Phillip E. Morton (pmorton@cooley.com; zpatdcdocketing@cooley.com)
`
` Mark Weinstein (rweinstein@cooley.com)
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`/Owen K. Allen/
`Owen Allen
`Registration No. 71,118
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`147215866v.1
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