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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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`APPLE INC.,
`Petitioner
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`v.
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`CHESTNUT HILL SOUND INC.,
`Patent Owner
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`Case IPR2016-00794
`U.S. Patent No. 8,090,309
`___________
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`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
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`Proceeding No. IPR2016-00794
`Attorney Docket No. 39521-0016IP2
`Pursuant to 37 C.F.R. § 42.64(b), Petitioner objects as follows to the
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`admissibility of the evidence served by Patent Owner on June 28, 2016:
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`Evidence
`IPR2015-01463, Paper No. 2
`(Exhibit 2001)
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`Oct. 9, 2015 Case No. 15-
`261, D. Del., at 69:4-71:13
`(Exhibit 2002)
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`Excerpts of Petition for
`Inter-Partes Review
`IPR2016-00794 (Exhibit
`2003
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`Chestnut Hill Sound Inc. v.
`Apple Inc., No. 15-261-RGA
`(D. Del), Exhibits to
`Opening Brief in Support of
`Motion for Preliminary
`Injunction (Exhibit 2004)
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`Objections
`FRE 402 (Relevance): The Patent Owner does
`not use this exhibit in supporting the patentability
`of the Challenged Claims. Thus, to the extent
`that Patent Owner relies on the exhibit as
`anything other than prior art or in showing the
`patentability or unpatentability of the ‘309 patent,
`the exhibit is not relevant.
`FRE 402 (Relevance): The Patent Owner does
`not use this exhibit in supporting the patentability
`of the Challenged Claims. To the extent that
`Patent Owner relies on the exhibit as anything
`other than prior art or in showing the patentability
`or unpatentability of the ‘309 patent, the exhibit is
`not relevant.
`FRE 402 (Relevance): The Patent Owner does
`not use this exhibit in supporting the patentability
`of the Challenged Claims. To the extent that
`Patent Owner relies on the exhibit as anything
`other than prior art or in showing the patentability
`or unpatentability of the ‘309 patent, the exhibit is
`not relevant.
`FRE 802 (Hearsay): The entirety of this exhibit
`is an out of court statement offered to prove the
`Patent Owner’s development and sale of an audio
`system and accolades allegedly awarded to an
`audio system, and are thus hearsay.
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`FRE 901 (Authentication): Patent Owner has
`failed to show that the exhibit is self-
`authenticating, and has failed to produce evidence
`to show that this is an authentic copy of the
`documents.
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`1
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`Proceeding No. IPR2016-00794
`Attorney Docket No: 39521-0016IP2
`FRE 402 (Relevance): The Patent Owner does
`not use this exhibit in supporting the patentability
`of the Challenged Claims. To the extent that
`Patent Owner relies on the exhibit as anything
`other than prior art or in showing the patentability
`or unpatentability of the ‘309 patent, the exhibit is
`not relevant.
`FRE 402 (Relevance): The Patent Owner does
`not use this exhibit in supporting the patentability
`of the Challenged Claims. To the extent that
`Patent Owner relies on the exhibit as anything
`other than prior art or in showing the patentability
`or unpatentability of the ‘309 patent, the exhibit is
`not relevant.
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`Respectfully submitted,
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`/Joshua A. Griswold/
`Joshua A. Griswold, Reg. No. 46,310
`Fish & Richardson P.C.
`P.O. Box 1022
`Minneapolis, MN 55440-1022
`T: 214-292-4034
`F: 877-769-7945
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`Attorney for Petitioner
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`Additional Excerpts of
`Petition for Inter-Partes
`Review IPR2016-00794
`(Exhibit 2005)
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`Dated: October 7, 2016
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`2
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`Proceeding No. IPR2016-00794
`Attorney Docket No. 39521-0016IP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
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`certifies that on October 7, 2016, a complete and entire copy of this Petitioner’s
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`Objections to Evidence was provided via email to the Patent Owner by serving the
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`email correspondence addresses of record as follows:
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`Hamad M. Hamad
`CALDWELL CASSADY CURRY, P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
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`Email: hhamad@caldwellcc.com
` acurry@caldwellcc.com
` chillsound@caldwellcc.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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