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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARISTA NETWORKS, INC.,
`Petitioner
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`v.
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`CISCO SYSTEMS, INC.,
`Patent Owner
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`Case IPR2016-00309
`Patent 7,224,668
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`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner, Arista Networks, Inc.
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
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`(“Petitioner”), hereby submits its notice of objections to exhibits which Patent
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`Owner, Cisco Systems, Inc. (“Cisco” or “Patent Owner”), submitted in its Patent
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`Owner Preliminary Response filed March 15, 2016, in connection with IPR2016-
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`00309.
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`Patent Owner Exhibit No. 2001 (April 16, 2015 Edelin Letter) &
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`Patent Owner Exhibit No. 2003 (May 12, 2015 Edelin Letter)
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`Petitioner objects to Exhibit Nos. 2001 and 2003 under the following
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`Federal Rules of Evidence:
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`Petitioner objects to Exhibits 2001 and 2003 under FRE 401 and 402 as
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`irrelevant and therefore inadmissible. Patent Owner seeks to use these exhibits to
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`show the CoreBuilder reference (Ex. 1009) was known or available to Petitioner.
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`See Patent Owner Preliminary Response at 10. When Petitioner learned of the
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`reference is irrelevant to any of the issues in this proceeding. Moreover, the Board
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`in this proceeding has already ruled on this issue and instituted review.
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`Petitioner also objects to Exhibits 2001 and 2003 under FRE 901, as Patent
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`Owner has not submitted evidence that these Exhibits are authentic, nor that they
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`are self-authenticating under FRE 902.
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`To the extent it these documents are not proved authentic, Petitioner further
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`objects to Exhibits 2001 and 2003 under FRE 801 and 802 as inadmissible hearsay
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`2
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
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`to the extent Patent Owner intends to offer these Exhibits for the truth of the matter
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`asserted. In such circumstances, Exhibits 2001 and 2003 do not fall under any
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`exception to the rule against hearsay as recited in FRE 803, 804, 805 or 807.
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`Patent Owner Exhibit No. 2002 (CoreBuilder Command Reference Guide) &
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`Patent Owner Exhibit No. 2004 (CoreBuilder 9000 Implementation Guide)
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`Petitioner objects to Exhibit Nos. 2002 and 2004 under the following
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`Federal Rules of Evidence:
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`Petitioner objects to Exhibits 2002 and 2004 under FRE 401 and 402 as
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`irrelevant and therefore inadmissible. Patent Owner seeks to use these exhibits to
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`show the CoreBuilder reference (Ex. 1009) was known or available to Petitioner.
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`See Patent Owner Preliminary Response at 10. When Petitioner learned of the
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`reference is irrelevant to any of the issues in this proceeding. Moreover, the Board
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`in this proceeding has already ruled on this issue and instituted review.
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`Petitioner also objects to Exhibits 2002 and 2004 under FRE 901, as Patent
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`Owner has not submitted evidence that these Exhibits are authentic, nor that they
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`are self-authenticating under FRE 902.
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`For at least these reasons, Petitioner objects to Patent Owner Exhibits 2001
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`through 2004. Petitioner reserves the right to move to exclude these exhibits.
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`3
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
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`Respectfully submitted,
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` /s/ Lauren A. Degnan
`Lauren A. Degnan
`Reg. No. 40,584
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`4
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`Date: June 24, 2016
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on June 24,
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`2016, a complete and entire copy of this Petitioner’s Notice of Objections to
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`Evidence was provided via email to the Petitioner by serving the correspondence
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`email addresses of record as follows:
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`Lori A. Gordon
`Robert Greene Sterne
`Jon E. Wright
`Daniel S. Block
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW
`Washington, DC 20005
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`Email: lgordon-PTAB@skgf.com
`Email: rsterne-PTAB@skgf.com
`Email: jwright-PTAB@skgf.com
`Email: dblock-PTAB@skgf.com
`Email: ptab@skgf.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
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`5
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