`Filed August 24, 2016
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`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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`AMX, LLC and Dell Inc.,
`Petitioner,
`
`v.
`
`ChriMar Systems, Inc.,
`Patent Owner.
`
`
`
`Case IPR2016-00574
`Patent 8,902,760 B2
`
`
`
`
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`PETITIONER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO PATENT OWNER’S EXHIBITS 2001-2015 & 2017-2019
`
`
`
`
`
`Case IPR2016-00574
`Patent 8,902,760 B2
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner objects to the admissibility of
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`Patent Owner’s exhibits 2001-2015 and 2017-2019 as follows.
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`EXHIBITS 2001-2014
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`Petitioner objects to the admissibility of Exhibits 2001 to 2014 under FED. R.
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`EVID. 401 and 402. Patent Owner submitted Exhibits 2001 to 2014 in support of its
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`motion for additional discovery (Paper 9). Because the Board denied Patent Owner’s
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`motion (Paper 16), Exhibits 2001 to 2014 are not relevant to any issue in this
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`proceeding.
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`In addition, Petitioner objects to the admissibility of Exhibits 2011 to 2014
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`under FED. R. EVID. 802. These exhibits incorporate or convey inadmissible hearsay
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`that is offered to prove the truth of any matter allegedly asserted therein.
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`EXHIBIT 2015
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`
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`Petitioner objects to the admissibility of Exhibit 2015 under FED. R. EVID. 401,
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`402, and 403. The declarant’s testimony in paragraphs 46 to 58 of Exhibit 2015 is not
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`relevant to the proper obviousness analysis or any other issue in this proceeding. Any
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`probative value of this testimony is substantially outweighed by a danger of confusing
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`the issues.
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`EXHIBITS 2017-2019
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`
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`Petitioner objects to the admissibility of Exhibits 2017 to 2019 under FED. R.
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`EVID. 401 and 402. These district court opinions are not relevant to any issue in this
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`1
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`Case IPR2016-00574
`Patent 8,902,760 B2
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`proceeding; they relate to a patent that is not at issue in the present proceeding.
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`
`August 24, 2016
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`Respectfully submitted,
`/Brent A. Hawkins/
`Brent A. Hawkins (Reg. No. 44,146)
`Amol A. Parikh (Reg. No. 60,671)
`MCDERMOTT WILL & EMERY LLP
`
`Gilbert A. Greene (Reg. No. 48,366)
`NORTON ROSE FULBRIGHT US LLP
`
`Attorneys for Petitioner
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`2
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`
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`Case IPR2016-00574
`Patent 8,902,760 B2
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`CERTIFICATE OF SERVICE
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`I certify that I sent a copy of the foregoing PETITIONER’S OBJECTIONS UNDER
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`37 C.F.R. § 42.64(B)(1) TO PATENT OWNER’S EXHIBITS 2001-2015 & 2017-2019 on
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`August 24, 2016 by electronic mail to the attorneys of record for the Patent Owner at
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`the following e-mail addresses:
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`justin.cohen@tklaw.com
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`hoffmann@reising.com
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`
`
`/Hersh H. Mehta/
`Hersh H. Mehta (Reg. No. 62,336)