`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`CHESTNUT HILL SOUND INC.,
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00794
`U.S. Patent No. 8,090,309
`___________
`
`
`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`
`
`
`
`
`
`
`Proceeding No. IPR2016-00794
`Attorney Docket No. 39521-0016IP2
`Pursuant to 37 C.F.R. § 42.64(b), Petitioner objects as follows to the
`
`admissibility of the evidence served by Patent Owner on November 23, 2016:
`
`Evidence
`Exhibit 2008
`(“Review: Chestnut Hill
`Sound George”, allegedly by
`Macworld)
`
`Exhibit 2009
`(“Chestnut Hill Sound
`George,” allegedly by
`PCMag)
`
`Exhibit 2014
`(“Pl. First Amnd.
`Complaint”)
`
`Exhibit 2015
`(Chestnut Hill Sound Inc. v.
`Apple Inc., Pl. First Amnd.
`Complaint, No. 15-261-
`RGA (D. Del), Ex.1)
`
`Objections
`FRE 801 (Hearsay): To the extent Patent Owner
`relies on the document for the truth of the
`statements made therein, the statements are
`hearsay. For example, the statements regarding
`the alleged features and critical reception of the
`George™ system cited in the Patent Owner
`Response (“POR”) are hearsay. See, e.g., POR,
`p. 27.
`FRE 801 (Hearsay): To the extent Patent Owner
`relies on the document for the truth of the
`statements made therein, the statements are
`hearsay. For example, the statements regarding
`the alleged features and critical reception of the
`George™ system cited in the Patent Owner
`Response (“POR”) are hearsay. See, e.g., POR,
`pp. 27-28.
`FRE 801 (Hearsay): To the extent Patent Owner
`relies on the document for the truth of the
`statements made therein, the statements are
`hearsay. For example, the statements describing
`Petitioner’s previous relationship to Patent Owner
`cited in the POR are hearsay. See, e.g., POR, pp.
`24-25, 28.
`
`FRE 901 (Authentication): Patent Owner has
`failed to produce any evidence to show that this is
`an authentic copy of the document.
`FRE 801 (Hearsay): To the extent Patent Owner
`relies on the document for the truth of the
`statements made therein, the statements are
`hearsay. For example, the statements regarding
`the commercial success of the Georgetm product
`
`1
`
`
`
`Proceeding No. IPR2016-00794
`Attorney Docket No: 39521-0016IP2
`
`Objections
`cited in the POR are hearsay. See, e.g., POR, pp.
`1, 25, 26.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on the exhibit to support any
`argument related to the ’309 patent, the exhibit is
`not relevant because it describes the George™
`product, and does not include any statements
`regarding the ’309 patent.
`FRE 801 (Hearsay): To the extent Patent Owner
`relies on the document for the truth of the
`statements made therein, the statements are
`hearsay. For example, the statements regarding
`the commercial success of the Georgetm product
`cited in the POR are hearsay. See, e.g., POR, pp.
`1, 25, 26.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on the exhibit to support any
`argument related to the ’309 patent, the exhibit is
`not relevant because it describes the George™
`product, and does not include any statements
`regarding the ’309 patent.
`
`Respectfully submitted,
`
`
`/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
`
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`Evidence
`
`Exhibit 2016
`(Chestnut Hill Sound Inc. v.
`Apple Inc., Pl. First Amnd.
`Complaint, No. 15-261-
`RGA (D. Del), Ex.2)
`
`
`
`Dated: December 1, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Proceeding No. IPR2016-00794
`Attorney Docket No. 39521-0016IP2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
`
`certifies that on December 1, 2016, a complete and entire copy of this Petitioner’s
`
`Objections to Admissibility of Evidence was provided via email to the Patent
`
`Owner by serving the email correspondence addresses of record as follows:
`
`Hamad M. Hamad
`CALDWELL CASSADY CURRY, P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`
`Email: hhamad@caldwellcc.com
` acurry@caldwellcc.com
` chillsound@caldwellcc.com
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
