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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA,
`INC., and APPLE INC.,
`Petitioners,
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`v.
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`ROSETTA-WIRELESS CORPORATION,
`Patent Owner.
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`Case IPR2016-006221
`Patent No. 7,149,511 B1
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`Before the Honorable JUSTIN T. ARBES, PATRICK R. SCANLON, and JOHN A.
`HUDALLA, Administrative Patent Judges.
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`PETITIONERS’ OBJECTIONS TO EVIDENCE SUBMITTED WITH
`PATENT OWNER’S PRELIMINARY RESPONSES
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`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting in
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`a representative capacity for Petitioners Samsung Electronics Co., Ltd., Samsung
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`Electronics America, Inc., and Apple Inc. (“Petitioners”), hereby submit the
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`following objections to Patent Owner Rosetta-Wireless Corporation’s (“Patent
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`Owner”) Exhibits as indicated below, and any reference thereto/reliance thereon,
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`without limitation. Petitioners’ objections below apply the Federal Rules of Evidence
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`1 Case IPR2016-00616 has been consolidated with this proceeding.
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`(“F.R.E.”) as required by 37 C.F.R § 42.62.
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`These objections address evidentiary deficiencies in the new material served by
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`Patent Owner on May 24 and May 25, 2016.
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`The following objections apply to the Exhibits indicated below as they are
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`actually presented by Patent Owner, in the context of Patent Owner’s May 24 and
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`May 25, 2016 Preliminary Responses (Paper 8 and IPR2016-00616, Paper 7,
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`respectively), and in light of Patent Owner’s updated exhibit list filed August 25,
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`2016 (Paper 16), and not in the context of any other substantive argument on the
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`merits of the instituted grounds in this proceeding. Petitioners expressly object to any
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`other purported use of these Exhibits, including as substantive evidence in this
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`proceeding, which would be untimely and improper under the applicable rules, and
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`Petitioners expressly assert, reserve, and do not waive any other objections that would
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`be applicable in such a context.
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`I. Objections to Exhibits 2002-2013 And Any Reference to/Reliance Thereon
`Grounds for objection: F.R.E. 901 (“Authenticating or Identifying Evidence”);
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`F.R.E. 1002 (“Requirement of the Original”); F.R.E. 1003 (“Admissibility of
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`Duplicates”); F.R.E. 801, 802 (Impermissible Hearsay), 805 (Hearsay within
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`Hearsay); F.R.E. 403 (“Excluding Relevant Evidence for Prejudice, Confusion,
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`Waste of Time, or Other Reasons”); and 37 C.F.R. § 42.61 (“Admissibility”).
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`Petitioners object to the use of Exhibits 2002-2013 under F.R.E. 901, 1002,
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`1003, and 37 C.F.R. § 42.61 because Patent Owner fails to provide the authentication
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`required for these documents, and the Exhibits are not self-authenticating under
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`F.R.E. 902.
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`Petitioners further object to Exhibits 2002-2013 as impermissible hearsay
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`under F.R.E. 801 and 802, and 805, to the extent to which the out of court statements
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`therein, or the out of court statements referenced therein, are offered for the truth of
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`the matters asserted and constitute impermissible hearsay for which Patent Owner has
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`not demonstrated any exception or exclusion to the rule against hearsay (F.R.E. 801,
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`802, 805).
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`Accordingly, permitting reliance on these documents in Patent Owner’s
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`Preliminary Response or other submissions of Patent Owner would be misleading and
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`unfairly prejudicial to Petitioners (F.R.E. 403).
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`Dated: September 6, 2016
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`Respectfully submitted,
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`By: /s/Megan Raymond
`Megan F. Raymond (lead counsel)
`Reg. No. 72,997
`Ropes & Gray LLP
`2099 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006- 6807
`P: 202-508-4741/F: 202-383-8347
`megan.raymond@ropesgray.com
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`Attorney for Samsung Petitioners
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`Brian E. Ferguson (back-up counsel)
`Reg. No. 36,801
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
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`P: 202-682-7094 /F: 202-857-0940
`Brian.Ferguson@weil.com
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`Attorney for Petitioner Apple Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONERS’ OB-
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`JECTIONS TO EVIDENCE SUBMITTED WITH PATENT OWNER’S PRELIMI-
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`NARY RESPONSES was served on September 6, 2016 in its entirety by causing the
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`aforementioned document to be electronically mailed, pursuant to the parties’ agree-
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`ment, to the following attorneys of record for the Patent Owner listed below:
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`Miranda Y. Jones
`Michael F. Heim
`HEIM, PAYNE & CHORUSH, L.L.P.
`60 Travis Street, Suite 6710
`Houston, TX 77002
`Tel: (713) 221-2000
`Fax: (713) 221-2021
`mjones@hpcllp.com
`mheim@hpcllp.com
`rosettaIPR@hpcllp.com
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`Attorneys for Patent Owner
`Rosetta-Wireless Corporation
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`ROPES & GRAY LLP
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`_/Ginny Blundell/______________________
`Ginny Blundell
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