UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`
`_______________
`
`Case IPR2015-01898
`Patent 8,434,020 B2
`_______________
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S REPLY
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_______________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`
`_______________
`
`Case IPR2015-01898
`Patent 8,434,020 B2
`_______________
`
`
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S REPLY
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Patent Owner timely objects to the reply evidence of Petitioner filed and
`
`served on October 17, 2016 for the reasons set forth below:
`
`Identity
`
`of Exhibit
`
`Portion to
`be
`Excluded
`
`Objection
`
`Grounds
`
`1028
`
`p. 6
`
`FRE 402/403
`
`1028
`
`All
`
`FRE 402/403,
`801, 901
`
`1029
`
`1030
`
`1031
`
`All
`
`All
`
`p. 5
`
`FRE 402/403
`
`FRE 402/403
`
`FRE 402/403
`
`Extrinsic dictionary definition of
`“function” is not relevant to any issue
`in this proceeding
`Exhibit is not authenticated by
`Petitioner’s Ex. 1037, which is a
`declaration of an attorney having no
`personal knowledge of either the
`copyright date or the Ropes & Gray
`library logging date or logging
`procedures; exhibit contains hearsay
`(including alleged publication date)
`not subject to any exception; Exhibit
`is not established to be prior art and
`therefore is not relevant to any issue
`in this proceeding
`Exhibit is not relevant to any issue in
`this proceeding
`Exhibit is not relevant to any issue in
`this proceeding
`Extrinsic dictionary definition of
`“program” is not relevant to any issue
`in this proceeding
`
`
`
`2
`
`
`
`Objection
`
`Grounds
`
`Identity
`
`of Exhibit
`
`Portion to
`be
`Excluded
`
`1031
`
`All
`
`FRE 402/403,
`801, 901
`
`Exhibit is not authenticated by
`Petitioner’s Ex. 1037, which is a
`declaration of an attorney having no
`personal knowledge of either the
`copyright date or the Texas A&M
`University Library receipt procedures;
`exhibit contains hearsay (including
`alleged publication date) not subject
`to any exception; Exhibit is not
`established to be prior art and
`therefore is not relevant to any issue
`in this proceeding
`Exhibit is not relevant to any issue in
`this proceeding; exhibit contains
`hearsay (including at least whether
`“mobile phones [were] using
`WindowsCE and web browsers” as
`Petitioner alleges) not subject to any
`exception; exhibit is not authenticated
`by declaration of Internet Archive
`manager having no personal
`knowledge of Ex. 1032 contents. See,
`e.g., Neste Oil Oyj v. Reg Synthetic
`Fuels, LLC, Case IPR2013-00578,
`slip op. at 3-4 (PTAB Mar. 12, 2015)
`(Paper 53) (“When offering a printout
`of a webpage into evidence to prove
`the website’s contents, the proponent
`of the evidence must authenticate the
`information from the website itself,
`not merely the printout.” (citing
`Victaulic Co. v. Tieman, 499 F.3d
`227, 236 (3d Cir. 2007), as amended
`(Nov. 20, 2007) (citing United States
`v. Jackson, 208 F.3d 633, 638 (7th
`Cir. 2000)))).
`
`1032
`
`All
`
`FRE 402/403,
`801, 901
`
`
`
`3
`
`
`
`Objection
`
`Grounds
`
`Extrinsic dictionary definition is not
`relevant to any issue in this
`proceeding; Exhibit is not
`authenticated by Petitioner’s Ex.
`1037, which is a declaration of an
`attorney having no personal
`knowledge of either the copyright
`date or the Ropes & Gray library
`logging date or logging procedures;
`exhibit contains hearsay (including
`alleged publication date) not subject
`to any exception; Exhibit is not
`established to be prior art and
`therefore is not relevant to any issue
`in this proceeding
`Extrinsic dictionary definition is not
`relevant to any issue in this
`proceeding; Exhibit is not
`authenticated by Petitioner’s Ex.
`1037, which is a declaration of an
`attorney having no personal
`knowledge of either the copyright
`date or the Ropes & Gray library
`logging date or logging procedures;
`exhibit contains hearsay (including
`alleged publication date) not subject
`to any exception; Exhibit is not
`established to be prior art and
`therefore is not relevant to any issue
`in this proceeding
`
`Identity
`
`of Exhibit
`
`Portion to
`be
`Excluded
`
`1033
`
`All
`
`FRE 402/403,
`801, 901
`
`1034
`
`All
`
`FRE 402/403,
`801, 901
`
`
`
`4
`
`
`
`Objection
`
`Grounds
`
`Extrinsic dictionary definition is not
`relevant to any issue in this
`proceeding; Exhibit is not
`authenticated by Petitioner’s Ex.
`1037, which is a declaration of an
`attorney having no personal
`knowledge of either the copyright
`date or the Ropes & Gray library
`logging date or logging procedures;
`exhibit contains hearsay (including
`alleged publication date) not subject
`to any exception; Exhibit is not
`established to be prior art and
`therefore is not relevant to any issue
`in this proceeding
`Opinions rely on unauthenticated
`exhibits that are not relevant to any
`issue in this proceeding, not
`established to be prior art and contain
`hearsay not subject to any exception;
`Dr. Myers fails to establish that these
`exhibits would have been relied upon
`by a POSITA in forming his/her
`opinions.
`
`Identity
`
`of Exhibit
`
`Portion to
`be
`Excluded
`
`1035
`
`All
`
`FRE 402/403,
`801, 901
`
`1038
`
`¶¶ 7-8, 13,
`32
`
`FRE 402/403,
`702/703, 801,
`901
`
`
`
`
`
`
`
`
`
`5
`
`
`
`
`
`Dated: October 24, 2016
`
`Respectfully submitted,
`
`By: /s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`Walter D. Davis (Reg. No. 45,137)
`DAVIDSON BERQUIST JACKSON & GOWDEY,
`LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Email: wdavis@dbjg.com
`
` Counsel for Patent Owner
`
`
`
`
`
`6
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on October 24, 2016, a true and correct copy of the
`
`foregoing Patent Owner’s Objections to Petitioner’s Reply Evidence is being filed
`
`and served via email, by consent, to the Petitioner at the correspondence e-mail
`
`addresses of record as follows:
`
`J. Steven Baughman
`Megan Raymond
`Nicole Jantzi
`ROPES & GRAY LLP
`2099 Pennsylvania Ave.
`Washington, D.C. 20006
`
`Steven.Baughman@ropesgray.com
`Megan.Raymond@ropesgray.com
`Nicole.Jantzi@ropesgray.com
`ApplePTABService-Core@ropesgray.com
`
`By: /s/ Wayne M. Helge
` USPTO Reg. No. 56,905
` Counsel for Patent Owner
`
`
`
`
`
`7
`
`
`
`
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