UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________________
`
`Case IPR2016-00157
`Case IPR2015-02001
`Patent 8,255,408
`
`__________________________________________________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`UNDER 37 C.F.R. § 42.641
`
`
`1 The word-for-word identical paper is filed in each proceeding identified in
`the caption.
`
`
`
`
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________________
`
`Case IPR2016-00157
`Case IPR2015-02001
`Patent 8,255,408
`
`__________________________________________________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`UNDER 37 C.F.R. § 42.641
`
`
`1 The word-for-word identical paper is filed in each proceeding identified in
`the caption.
`
`
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2015-02001, IPR2016-00157 (U.S. Patent No. 8,225,408)
`
`Patent Owner Finjan, Inc. (“Finjan) objects under the Federal Rules of
`
`Evidence and 37 C.F.R. § 42.64(b)(1) to the admissibility of the following exhibits
`
`submitted by Palo Alto Networks (“Petitioner”):
`
`• The Declaration of Dr. Aviel Rubin (the “Rubin Declaration”) (Exhibit
`
`1002); and
`
`• Exhibits 1007, 1010, 1013, 1014, 1016, 1018, 1020, 1023, 1024, 1025,
`
`1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036,
`
`1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047,
`
`1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, and
`
`1059.
`
`The Institution Decision issued on March 29, 2016.2 Paper No. 10. The
`
`Board instituted trial as to claims 1, 3-7, 9, 12-16, 18-23, 29, and 35. Id.
`
`Specifically, the Board instituted trial for claims 1, 3-5, 9, 12-16, 18, 19, 22, 23,
`
`29, and 35 as unpatentable based on Chandnani and Kolawa; claims 1, 3-5, 9, 12-
`
`16, 18, 19, 22, 23, 29, and 35 based on Chandnani, Kolawa, and Walls; claims 6, 7,
`
`20, and 21 based on Chandnani, Kolawa, and Huang; and claims 6, 7, 20, and 21
`
`based on Chandnani, Kolawa, Walls, and Huang. Id. Finjan’s objections are
`
`timely under 37 C.F.R. section 42.64(b)(1). Finjan serves Petitioner with these
`
`objections to provide notice that Finjan reserves the right move to exclude these
`
`
`2 The Board consolidated IPR2015-02001 and IPR2016-00157.
`
`1
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2015-02001, IPR2016-00157 (U.S. Patent No. 8,225,408)
`
`exhibits as improper evidence.
`
`I.
`
`Dr. Aviel Rubin Declaration (Ex. 1002)
`
`Finjan objects to the admissibility of the Rubin Declaration for at least the
`
`following reasons: Under FRE 702, Dr. Aviel Rubin’s opinions are inadmissible
`
`because they are conclusory, do not disclose underlying facts or data in support of
`
`his opinions, and are unreliable. Additionally, Dr. Aviel Rubin is unqualified as an
`
`expert to provide technical opinions of a person skilled in the art. See Ex. 1022
`
`(Curriculum Vitae of Dr. Aviel Rubin). As such, his opinions are inadmissible
`
`under FRE 702. They are also irrelevant, confusing, and of minimal probative
`
`value under FRE 401, 402, and 403.
`
`II. Objections to Exhibits Lacking Authentication
`
`Finjan objects to Exhibits 1007, 1010, 1013, 1014, 1016, 1018, 1020, 1023,
`
`1025, 1026, 1027, 1028, 1029, 1030, 1032, 1033, 1034, 1037, 1038, 1039, 1040,
`
`1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1052, 1053, 1054, 1055,
`
`1056, 1057 under FRE 901 because these exhibits lack authentication.
`
`III. Objections to Exhibits Based on Hearsay
`
`Finjan objects to Exhibits 1041 under FRE 802 because certain statements
`
`in these Exhibits that are relied upon in the Petition constitute inadmissible
`
`hearsay.
`
`2
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2015-02001, IPR2016-00157 (U.S. Patent No. 8,225,408)
`
`IV. Objections to Exhibits Based on Relevance
`
`Finjan objects to Exhibits 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030,
`
`1031, 1032, 1033, 1034, 1035, 1036, 1038, 1039, 1041, 1042, 1043, 1044, 1045,
`
`1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058,
`
`and 1059 as irrelevant under FRE 401–403 because Petitioner never relied on
`
`these Exhibits in the Petition.
`
`V. Conclusion
`
`Therefore, Finjan reserves its right to file motions to exclude this exhibit and
`
`evidence under 37 C.F.R. section 42.64(c).
`
`Dated: April 12, 2016
`
`(Case No. IPR2015-02001
` Case No. IPR2016-00157)
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 212.715.8000
`
`Jeffrey H. Price (Reg. No. 69,141)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8302
`
`Michael Kim (Reg. No. 40,450)
`Finjan, Inc.
`2000 University Ave., Ste. 600
`E. Palo Alto, CA 94303
`Tel: 650.397.9567
`
`Attorneys for Patent Owner
`
`3
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2016-00157, IPR2015-02001 (U.S. Patent No. 8,141,154)
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Patent Owner’s Objections to Evidence Under 37
`
`C.F.R. § 42.64 was served on April 12, 2016, by filing this document through the
`
`Patent Review Processing System as well as delivering via electronic mail upon
`
`the following counsel of record for Petitioner:
`
`Matthew I. Kreeger (Reg. No. 56,398)
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, CA 94105
`MKreeger@mofo.com
`
`Orion Armon
`Brian Eutermoser
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, Colorado 80021
`oarmon@cooley.com
`beutermoser@cooley.com
`zpatdcdocketing@cooley.com
`
`Max Colice
`COOLEY LLP
`500 Boylston Street, 14th Floor
`Boston, Massachusetts 02116-3736
`mcolice@cooley.com
`zpatdcdocketing@cooley.com
`
`
`Jonathan Bockman (Reg. No. 45,640)
`MORRISON & FOERSTER LLP
`1650 Tysons Boulevard, Suite 400
`McLean, VA 22102
`JBockman@mofo.com
`
`Jennifer Volk-Fortier
`COOLEY LLP
`One Freedom Square
`Reston Town Center
`11951 Freedom Drive
`Reston, Virginia 2019
`jvolkfortier@cooley.com
`zpatdcdocketing@cooley.com
`
`Joshua A. Crawford (Reg. No. 72,137)
`MORRISON & FOERSTER LLP
`1650 Tysons Boulevard
`McLean, VA 22102
`JCrawford@mofo.com
`
`
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
`
`1
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