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`Paper No. 13
`Filed December 16, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ZTE (USA) Inc., HTC Corporation, HTC America, Inc.,
`Samsung Electronics Co., Ltd., and
`Samsung Electronics America, Inc.,
`Petitioner,
`
`v.
`
`Evolved Wireless LLC,
`Patent Owner.
`
`
`Case IPR2016-007571
`Patent 7,881,236 B2
`
`
`
`
`Before WILLIAM V. SAINDON, PETER P. CHEN, and
`TERRENCE W. MCMILLIN, Administrative Patent Judges.
`
`
`
`PETITIONER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1) TO
`PATENT OWNER’S EXHIBITS 2002 & 2003
`
`
`
`
`1 IPR2016-01345 has been consolidated with this proceeding.
`
`
`
`Case IPR2016-00757
`Patent 7,881,236 B2
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner objects to the admissibility of
`
`Patent Owner’s exhibits 2002 and 2003 as follows.
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`EXHIBIT 2002
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`
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`Petitioner objects to the admissibility of Exhibit 2002 under FED. R. EVID. 802.
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`This exhibit incorporates or conveys inadmissible hearsay that is offered to prove the
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`truth of matters allegedly asserted therein.
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`
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`Petitioner also objects to the admissibility of Exhibit 2002 under FED. R. EVID.
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`901(a). Patent Owner has not produced evidence sufficient to support a finding that
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`this exhibit is a true and correct copy of what Patent Owner purports it to be.
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`EXHIBIT 2003
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`
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`Petitioner objects to the admissibility of Exhibit 2003 under FED. R. EVID. 401
`
`and 402. Exhibit 2003 is not relevant to any issue in this proceeding.
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`
`December 16, 2016
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`Respectfully submitted,
`/Charles M. McMahon/
`Charles M. McMahon (Reg. 44,926)
`MCDERMOTT WILL & EMERY LLP
`
`Attorney for Petitioner
`
`1
`
`
`
`Case IPR2016-00757
`Patent 7,881,236 B2
`
`
`CERTIFICATE OF SERVICE
`
`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 2002 & 2003 on December 16,
`
`2016 by electronic mail to the attorneys of record for the Patent Owner at the
`
`following e-mail addresses:
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`cmorton@robinskaplan.com
`
`rschultz@robinskaplan.com
`
`/Hersh H. Mehta/
`Hersh H. Mehta (Reg. 62,336)
`
`
`
`
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