UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`MYLAN PHARMACEUTICALS INC.
`Petitioner
`
`v.
`
`UCB PHARMA GMBH
`Patent Owner
`
`Patent No. 6,858,650
`Case IPR2016-00510
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
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`1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN PHARMACEUTICALS INC.
`Petitioner
`
`v.
`
`UCB PHARMA GMBH
`Patent Owner
`
`Patent No. 6,858,650
`Case IPR2016-00510
`
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
`
`
`1
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`Mylan Pharmaceuticals Inc. (“Petitioner”) submits the following objections
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`to evidence served by UCB Pharma GmbH (“Patent Owner”) with its Patent
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`Owner Response. These objections are timely filed within five (5) business days
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`from service of the evidence.
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`Petitioner reserves the right to present further objection to these or additional
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`Exhibits submitted by Patent Owner, as allowed by the applicable rules or
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`authority.
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`The following table identifies Petitioner’s objections to the respective
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`exhibits. The alleged evidence presented in the respective exhibits are
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`inadmissible for at least the reasons presented in the right-hand column of the table
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`below.
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`
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`Exhibit No.
`2020
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`Objection(s)
`Petitioner object to the deposition testimony cited in the Patent
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`Owner’s response for the reasons made on the record during the
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`deposition.
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`2021
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`FRE 401/402: Portions of this declaration (¶¶ 82-101) relate to
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`objective indicia of non-obviousness. Patent Owner has failed to
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`establish in its Patent Owner Response that its commercial
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`product is covered by a specific claim or claims of the patent.
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`2
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`Accordingly, absent such a showing and nexus between the
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`alleged objective indicia and the claimed invention, any purported
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`evidence supporting the Patent Owner’s object indicial arguments
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`is irrelevant.
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`FRE 403: Because Patent Owner has failed to establish a nexus
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`between claims of the patent and the alleged objective indicia
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`asserted in the Patent Owner Response, any introduction of this
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`exhibit for purposes of supporting an objective indicia argument
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`would be unfairly prejudicial and would lack any probative value.
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`
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`FRE 703: Petitioner objects to each paragraph citing to an exhibit
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`that is objected to herein under FRE 703 as such paragraphs lack a
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`sufficient foundation.
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`2022
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`FRE 703: Petitioner objects to each paragraph citing to an exhibit
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`that is objected to herein under FRE 703 as such paragraphs lack a
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`sufficient foundation.
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`2023
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`FRE 401/402: This declaration relates to objective indicia of non-
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`obviousness. Patent Owner has failed to establish in its Patent
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`3
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`Owner Response that its commercial product is covered by a
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`specific claim or claims of the patent. Accordingly, absent such a
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`showing and nexus between the alleged objective indicia and the
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`claimed invention, any purported evidence supporting the Patent
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`Owner’s object indicial arguments is irrelevant.
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`FRE 403: Because Patent Owner has failed to establish a nexus
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`between claims of the patent and the alleged objective indicia
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`asserted in the Patent Owner Response, any introduction of this
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`exhibit for purposes of supporting an objective indicia argument
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`would be unfairly prejudicial and would lack any probative value.
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`
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`FRE 703: Petitioner objects to each paragraph citing to an exhibit
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`that is objected to herein under FRE 703 as such paragraphs lack a
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`sufficient foundation.
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`2024
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`FRE 703: Petitioner objects to each paragraph citing to an exhibit
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`that is objected to herein under FRE 703 as such paragraphs lack a
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`sufficient foundation.
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`2025
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`FRE 703: Petitioner objects to each paragraph citing to an exhibit
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`4
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`that is objected to herein under FRE 703 as such paragraphs lack a
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`sufficient foundation.
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`2026
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`Petitioner object to the deposition testimony cited in the Patent
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`Owner’s response for the reasons made on the record during the
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`deposition.
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner has not limited this exhibit to the excerpts of
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`deposition testimony cited in Patent Owner’s response, and it is
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`unclear how or if Patent Owner intends to use other portions of
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`this exhibit. Indeed, Patent Owner’s response only cites to 20
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`pages of this 166 page exhibit.
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`FRE 703: The exhibit reflects deposition transcript from a
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`different proceeding in a District Court. Patent Owner has failed
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`to establish that this exhibit’s probative value substantially
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`outweighs any prejudicial effect. As such, this exhibit is
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`inadmissible as evidence to be presented to the Board under FRE
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`703.
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`5
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`2027
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`Petitioner object to the deposition testimony cited in the Patent
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`Owner’s response for the reasons made on the record during the
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`deposition.
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner has not limited this exhibit to the excerpts of
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`deposition testimony cited in Patent Owner’s response, and it is
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`unclear how or if Patent Owner intends to use other portions of
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`this exhibit. Indeed, Patent Owner’s response only cites to 4
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`pages of this 342 page exhibit.
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`FRE 703: The exhibit reflects deposition transcript from a
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`different proceeding in a District Court. Patent Owner has failed
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`to establish that this exhibit’s probative value substantially
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`outweighs any prejudicial effect. As such, this exhibit is
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`inadmissible as evidence to be presented to the Board under FRE
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`703.
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`2030
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`6
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is not cited in
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`the Patent Owner Response, it is unclear how this exhibit is intended to be
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`used. As such, Petitioner objects to any use of this exhibit as hearsay.
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`2031
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`FRE 703: This exhibit is cited only in an expert declaration. The
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`expert declaration, however, does not establish that this exhibit
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`includes the type of facts or data that would normally be
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`reasonably relied on by experts in the particular field. Thus, this
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`exhibit and any paragraph in the expert declaration citing to this
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`7
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`exhibit are inadmissible under FRE 703. Further, Patent Owners
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`have also failed to establish that this exhibit’s probative value
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`substantially outweighs any prejudicial effect. Indeed, the
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`omission of any citation to this exhibit in the Patent Owner’s
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`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2032
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`FRE 703: This exhibit is cited only in an expert declaration. The
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`expert declaration, however, does not establish that this exhibit
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`includes the type of facts or data that would normally be
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`8
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`reasonably relied on by experts in the particular field. Thus, this
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`exhibit and any paragraph in the expert declaration citing to this
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`exhibit are inadmissible under FRE 703. Further, Patent Owners
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`have also failed to establish that this exhibit’s probative value
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`substantially outweighs any prejudicial effect. Indeed, the
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`omission of any citation to this exhibit in the Patent Owner’s
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`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2033
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`
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`FRE 703: This exhibit is cited only in an expert declaration. The
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`9
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`expert declaration, however, does not establish that this exhibit
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`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
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`have also failed to establish that this exhibit’s probative value
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`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
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`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2034
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`10
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`FRE 703: This exhibit is cited only in an expert declaration. The
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`expert declaration, however, does not establish that this exhibit
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`includes the type of facts or data that would normally be
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`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
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`have also failed to establish that this exhibit’s probative value
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`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
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`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2035
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response.
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`11
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
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`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2036
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
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`Patent Owner Response. This exhibit is also not prior art as it is
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`from 2013, further suggesting its irrelevance.
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`12
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
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`exhibit is intended to be used. As such, Petitioner objects to any
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`use of this exhibit as hearsay.
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`
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`FRE 703: This exhibit is cited only in an expert declaration. The
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`expert declaration, however, does not establish that this exhibit
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`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
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`the Board under FRE 703.
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`2037
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`13
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
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`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
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`
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
`
`14
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
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`the Board under FRE 703.
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`2038
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
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`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
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`
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
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`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`15
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
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`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2039
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`16
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
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`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
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`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2040
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response. This exhibit is also not prior art as it is
`
`from 2001, further suggesting its irrelevance.
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`
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`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`17
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
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`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2041
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`18
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`
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2042
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`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
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`19
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2043
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`20
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`
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`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2044
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`21
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2045
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`22
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2046
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`23
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`24
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`the Board under FRE 703.
`
`2047
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`25
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2048
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response. This exhibit is also not prior art as it is
`
`from 2003, further suggesting its irrelevance.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`26
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2049
`
`This exhibit (“Stella”) is mislabeled in Patent Owner’s Table of
`
`Exhibits as Exhibit 2029.
`
`
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`27
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2050
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response. This exhibit is also not prior art as it is
`
`from 2004, further suggesting its irrelevance.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`not cited in the Patent Owner Response, it is unclear how this
`
`exhibit is intended to be used. As such, Petitioner objects to any
`
`28
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`use of this exhibit as hearsay.
`
`
`
`FRE 703: This exhibit is cited only in an expert declaration. The
`
`expert declaration, however, does not establish that this exhibit
`
`includes the type of facts or data that would normally be
`
`reasonably relied on by experts in the particular field. Thus, this
`
`exhibit and any paragraph in the expert declaration citing to this
`
`exhibit are inadmissible under FRE 703. Further, Patent Owners
`
`have also failed to establish that this exhibit’s probative value
`
`substantially outweighs any prejudicial effect. Indeed, the
`
`omission of any citation to this exhibit in the Patent Owner’s
`
`response suggests that this exhibit has little if any probative value.
`
`As such, this exhibit is inadmissible as evidence to be presented to
`
`the Board under FRE 703.
`
`2051
`
`FRE 401/402: This exhibit is inadmissible as lacking relevance.
`
`The Patent Owner does not cite this exhibit at any point in its
`
`Patent Owner Response.
`
`
`
`FRE 802: This exhibit contains hearsay. Because this exhibit is
`
`29
`
`
`
`
`
`U.S. Pat. No. 6,858,650
`IPR2016-00510
`Petitioner’s Objections to Evidence
`
`
`not
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