`By:
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`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner
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`v.
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`VIRNETX INC.
`Patent Owner
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`Case IPR2015-00871
`Patent No. 8,560,705
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`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner VirnetX Inc. submits the
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`Case IPR2015-00871
`Patent No. 8,560,705
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`following objections to certain exhibits served by Apple Inc. (“Petitioner”) in Case
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`No. IPR2015-00871.1 Patent Owner’s objections apply equally to Petitioner’s
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`reliance on these exhibits in any subsequently-filed documents. These objections
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`are timely, having been served within five business days of service of the evidence
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`to which the objection is directed.
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`Exhibits 1057-1059
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`Patent Owner objects to Exhibits 1057-1059 under Rules 401-403 of the
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`Federal Rules of Evidence to the extent that these exhibits contain testimony
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`and/or evidence unrelated to the grounds of rejection on which the Board instituted
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`inter partes review. Patent Owner further objects to Exhibits 1057-1059 under
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`Rule 802 of the Federal Rules of Evidence because the testimony and/or evidence
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`in these exhibits constitutes inadmissible hearsay.
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`1 Patent Owner notes that none of the new Exhibits served by Apple (i.e.,
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`Exs. 1060-1065) should be entered into the record for the additional reasons set
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`forth in Patent Owner’s opposition to Petitioner’s Motion to Submit Supplemental
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`Information in IPR2015-00871.
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`1
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`Exhibits 1060-1065
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`Case IPR2015-00871
`Patent No. 8,560,705
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`Patent Owner objects to Exhibits 1060-1065 under Rules 401-403 of the
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`Federal Rules of Evidence. For example, these exhibits contain testimony and/or
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`evidence unrelated to the grounds of rejection on which the Board instituted inter
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`partes review. Patent Owner further objects to Exhibits 1060 and 1063-1065 under
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`Rule 802 of the Federal Rules of Evidence because the testimony and/or evidence
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`in these exhibits constitutes inadmissible hearsay. Patent Owner further objects to
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`Exhibits 1064 and 1065 under Rule 901 of the Federal Rules of Evidence because
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`these exhibits lack authentication.
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`Dated: October 23, 2015
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2015-00871
`Patent No. 8,560,705
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`I hereby certify that on this 23rd day of October 2015, a copy of the
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`foregoing Patent Owner’s Objections to Petitioner’s Exhibits was served by
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`electronic mail upon the following:
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`Counsel for Apple Inc.:
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`iprnotices@sidley.com
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
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`Dated: October 23, 2015
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.