UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`
`SIERRA WIRELESS AMERICA, INC.; SIERRA WIRELESS, INC.;
`and RPX CORP.,
`Petitioners,
`
`v.
`
`M2M SOLUTIONS LLC,
`Patent Owner.
`
`
`
`Case IPR2015-01823
`Patent 8,648,717
`_______________
`
`
`
`
`
`M2M SOLUTIONS LLC’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`
`SIERRA WIRELESS AMERICA, INC.; SIERRA WIRELESS, INC.;
`and RPX CORP.,
`Petitioners,
`
`v.
`
`M2M SOLUTIONS LLC,
`Patent Owner.
`
`
`
`Case IPR2015-01823
`Patent 8,648,717
`_______________
`
`
`
`
`
`M2M SOLUTIONS LLC’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`M2M Solutions LLC’s Objections to Evidence
`IPR2015-01823
`
`
`Pursuant to 37 C.F.R. § 42.64 (b) Patent Owner, M2M Solutions LLC
`
`(“M2M”) objects under the Federal Rules of Evidence (“FRE”) to Exhibits 1004,
`
`1007, 1009, 1013, 1014 and 1015 cited in Sierra Wireless America Inc.’s, Sierra
`
`Wireless Inc.’s and RPX Corp.’s (collectively, “Sierra Wireless”) Petition for Inter
`
`Partes Review (“Petition”).1 The Patent Trial and Appeal Board instituted trial on
`
`March 8, 20162; therefore, M2M’s Objections to Evidence are timely under
`
`37 C.F.R. § 42.64(b)(1).
`
`I.
`
`OBJECTIONS TO EXHIBITS 1004, 1007, 1009, 1014, 1015
`
`Exhibit 1004: M2M objects to Exhibit 1004, Digital cellular
`
`telecommunications system, (Phase 2+); Specification of the Subscriber Identity
`
`Module - Mobile Equipment, SIM – ME interface, (GSM 11.11 version 7.4.0
`
`Release 1998) (“SIM+ME Spec”) because it is inadmissible hearsay under FRE
`
`802; it has not been properly authenticated, as required by FRE 901; and this
`
`exhibit is not self-authenticating under FRE 902.
`
`Exhibit 1007: M2M objects to Exhibit 1007, Digital cellular
`
`telecommunications system (Phase 2+); AT command set for GSM Mobile
`
`Equipment (ME) (GSM 07.07 version 5.8.1 Release 1996) (“AT Command Set”)
`
`
`1 Paper 1, filed August 26, 2015.
`
`2 See Paper 16, entered March 8, 2016.
`
`
`
`
`
`
`
`1
`
`
`
`M2M Solutions LLC’s Objections to Evidence
`IPR2015-01823
`
`because it is inadmissible hearsay under FRE 802; it has not been properly
`
`authenticated, as required by FRE 901; and this exhibit is not self-authenticating
`
`under FRE 902.
`
`Exhibit 1009: M2M objects to Exhibit 1009, Digital cellular
`
`telecommunications system, (Phase 2+); General Packet Radio Service (GPRS);
`
`Service description; Stage 2 (GSM 03.60 version 6.3.2 Release 1997) (“GPRS
`
`Service Description”) because it is inadmissible hearsay under FRE 802; it has not
`
`been properly authenticated, as required by FRE 901; and this exhibit is not self-
`
`authenticating under FRE 902.
`
`Exhibit 1014: M2M objects to Exhibit 1014, Digital cellular
`
`telecommunications system, (Phase 2+); Specification of the SIM Application
`
`Toolkit for the Subscriber Identity Module – Mobile Equipment (SIM-ME)
`
`interface (GSM 11.14 version 7.3.0 Release 1998) because it is inadmissible
`
`hearsay under FRE 802; it has not been properly authenticated, as required by FRE
`
`901; and this exhibit is not self-authenticating under FRE 902.
`
`Exhibit 1015: M2M objects to Exhibit 1015, The Subscriber Identity
`
`Module, European Telecommunications Standardization and the Information
`
`Society, The State of the Art 1995 because it is inadmissible hearsay under FRE
`
`802; it has not been properly authenticated, as required by FRE 901; and this
`
`exhibit is not self-authenticating under FRE 902.
`
`2
`
`
`
`M2M Solutions LLC’s Objections to Evidence
`IPR2015-01823
`
`II. OBJECTIONS TO EXHIBIT 1013
`
`M2M objects to the paragraphs 48, 49, 50, and 51 in Exhibit 1013,
`
`Declaration of Kevin Negus, under FRE 602 and 703, to the extent Dr. Negus
`
`offers opinions regarding publication dates, availability and any restrictions ETSI
`
`may or may not have had in place regarding the documents identified as Exhibits
`
`1004, 1007, 1009, and 1014.
`
`M2M objects to paragraph 52 in Exhibit 1013, under FRE 602 and 703, to
`
`the extent Dr. Negus offers opinions regarding the publication date and availability
`
`of document identified as Exhibit 1015.
`
`M2M objects to paragraphs 61, 78, 79, 81, 82, 83, 86, 93, 94, 95, 96, 97, 99,
`
`100, 103, 104, 106, and 109 in Exhibit 1013, under FRE 703, to the extent those
`
`paragraphs rely on Exhibit 1004, which M2M has objected to as inadmissible
`
`evidence.
`
`M2M objects to paragraphs 80, 81, 82, 95, and 98 in Exhibit 1013, under
`
`FRE 703, to the extent those paragraphs rely on Exhibit 1007, which M2M has
`
`objected to as inadmissible evidence.
`
`M2M objects to paragraphs 77 and 82 in Exhibit 1013, under FRE 703, to
`
`the extent those paragraphs rely on Exhibit 1009, which M2M has objected to as
`
`inadmissible evidence.
`
`M2M objects to paragraphs 80, 81, 82, 95, and 98 in Exhibit 1013, under
`
`3
`
`
`
`M2M Solutions LLC’s Objections to Evidence
`IPR2015-01823
`
`FRE 703, to the extent those paragraphs rely on Exhibit 1014, which M2M has
`
`objected to as inadmissible evidence.
`
`M2M objects to paragraphs 78, 79, 81, and 85 in Exhibit 1013, under FRE
`
`703, to the extent those paragraphs rely on Exhibit 1015, which M2M has objected
`
`to as inadmissible evidence.
`
`
`
`Dated: March 22, 2016
`
`
`
`Respectfully Submitted,
`
`/s/ Jeffrey N. Costakos
`Jeffrey N. Costakos
`Registration Number 34,144
`Attorney for Patent Owner
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202-5306
`Telephone: 414-297-5782
`Email: jcostakos@foley.com
`
`
`
`4
`
`
`
`M2M Solutions LLC’s Objections to Evidence
`IPR2015-01823
`
`
`
`CERTIFICATION OF SERVICE
`
`
`The undersigned hereby certifies that the above-captioned M2M
`SOLUTIONS LLC’S OBJECTIONS TO EVIDENCE was served in its entirety
`on March 22, 2016, upon the following parties via e-mail:
`
`jenhayes@nixonpeabody.com
`rkrebs@nixonpeabody.com
`patentSV@nixonpeabody.com
`
`FOLEY & LARDNER LLP
`
`/s/ Michelle A. Moran
`Michelle A. Moran
`Pro Hac Vice
`Back-up Attorney for Patent Owner
`M2M Solutions LLC
`
`777 East Wisconsin Avenue
`Milwaukee, WI 53202-5306
`Telephone: 414-297-5629
`E-mail: mmoran@foley.com
`
`
`
`
`Date: March 22, 2016
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