`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., AND APPLE INC.,
`Petitioner
`
`v.
`
`IXI IP, LLC
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-01444
`Patent 7,039,033
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`
`
`Case IPR2015-01444
`Attorney Docket No: 00035-0004IP1
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits its notice of
`
`objections to certain evidence that Patent Owner submitted with the Patent Owner
`
`Response dated April 6, 2016, in connection with IPR2015-01444.
`
`Petitioner objects to Exhibits 2303 and 2304 under FRE 402 and 403 as
`
`irrelevant and prejudicial. In particular, Exhibits 2303 and 2304 are transcripts of
`
`depositions that were taken for different proceedings, challenging different patents
`
`with different claim language under different claim constructions based on a different
`
`combination of references for which Dr. Kiaei submitted different Declarations.
`
`Petitioner therefore objects under FRE 402 for lack of relevance and under FRE 403
`
`because there is a risk of unfair prejudice, confusion of issues, misleading the Board,
`
`and waste of time.
`
`Petitioner objects to Exhibit 2305 under FRE 402 and 403 as irrelevant and
`
`prejudicial. Patent Owner has not proven the exhibit was publically available prior to
`
`the critical date of the ’033 patent and the exhibit is therefore irrelevant and
`
`prejudicial. Petitioner further objects to the date information on the exhibit under
`
`FRE 802 and 803 as hearsay to the extent that the date information on the exhibit is
`
`being offered to prove the truth of the matter being asserted; namely, that the contents
`
`of the document were publicly available, as of a particular date. Petitioner further
`
`objects to this exhibit under FRE 901 because the Patent Owner has not produced
`
`
`
`1
`
`
`
`
`sufficient evidence to support a finding that the proffered exhibit is what the Patent
`
`
`
`Case IPR2015-01444
`Attorney Docket No: 00035-0004IP1
`
`Owner says and this exhibit is not self-authenticating under FRE 902.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/Kevin E. Greene/
`W. Karl Renner, Reg. No. 41,265
`Kevin E. Greene, Reg. No. 46,031
`Jeremy Monaldo, Reg. No. 58,680
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixt Street
`Minneapolis, MN 55402
`Telephone: 214-747-5070
`Facsimile: 214-747-2091
`Attorneys for Petitioner
`
`
`
`
`
`Date: 4/13/16
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2015-01444
`Attorney Docket No: 00035-0004IP1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
`
`certifies that on April 13, 2016, a complete and entire copy of this Petitioner’s
`
`Notice of Objections to Evidence was provided via email to the Patent Owner by
`
`serving the email correspondence addresses of record as follows:
`
`Andy H. Chan
`Pepper Hamilton LLP
`333 Twin Dolphin Drive, Suite 400
`Redwood City, CA 94065
`
`George S. Haight
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`
`Email: chana@pepperlaw.com
`Email: haightg@pepperlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Diana Bradley/
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
