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`Paper No. ___
`Filed: February 14, 2018
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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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`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
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`—————————————————
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`Case IPR2017-00219
`Patent 7,116,710
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`—————————————————
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`PATENT OWNER’S THIRD NOTICE OF OBJECTION TO EVIDENCE
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`Case IPR2017-00219
`Patent 7,116,710
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`I.
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`INTRODUCTION
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner California Institute of
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`Technology (“Caltech”), submits the following objections to Petitioner Apple
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`Inc.’s (“Petitioner”) Exhibits 1244-1251, 1253, 1255, 1257-1262, 1264-1265,
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`1267, and 1268. As required by 37 C.F.R. § 42.62, Patent Owner’s objections
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`below apply the Federal Rules of Evidence (“F.R.E.”).
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`II. OBJECTIONS
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`Caltech objects to Ex. 1244, “Tanner Graph for Code Described by Fig. 2 of
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`U.S. Patent No. 7,116,710”; Ex. 1245, “Block Diagram of Accumulator”; Ex.
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`1246, “Tanner Graph for Code Described by Divsalar”; Ex. 1247, “Tanner Graph
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`for Code Described by Luby98 Code 14”; Ex. 1248, “Tanner Graph for Code
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`Described by Ping”; Ex. 1249, “Tanner Graph for Code Described by MacKay
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`Profile 93y”; Ex. 1253, “Confidential IRAsimu.cpp with metadata”; Ex. 1255,
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`“Confidential Excerpts from the Deposition of Dr. Hui Jin (Case No. 16-cv-
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`3714)”; Ex. 1257, “Tanner Graph for Code Described by Divsalar (q=5)”; Ex.
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`1258, “Tanner Graph for IRA Code”; Ex. 1259, “Systematic Version of Divsalar
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`Figure 3”; Ex. 1260, “Divsalar Figure 3 and Frey Figure 1”; Ex. 1261, “D.Divsalar,
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`S. Dolinar, J. Thorpe, and C. Jones, ‘Constructing LDPC Codes from Simple
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`Loop-Free Encoding Modules,’ IEEE International Conference on
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`Communications, Seoul, South Korea, pp. 658-662, August, 2005”; Ex. 1262,
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`-1-
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`Case IPR2017-00210
`Patent 7,116,710
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`“Transcript of Deposition of Dr. Michael Mitzenmacher”; Ex. 1264, “Transcript of
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`Deposition of Dr. Dariush Divsalar”; Ex. 1265, “Declaration of Dr. Brendan Frey”;
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`Ex. 1268, “Simulation of Regular and Irregular Divsalar Codes”.
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`Grounds for Objection: F.R.E. 401 (Test for Relevant Evidence); F.R.E. 402
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`(General Admissibility of Relevant Evidence); F.R.E. 403 (Excluding Relevant
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`Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons)
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`Exhibits 1244, 1245, 1248, 1249, 1253, 1255, 1259, and 1260 are not cited
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`in the petition that initiated this proceeding or Petitioner’s reply. As such, these
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`exhibits are not relevant to the instituted ground of review or any other aspect of
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`this proceeding as they have no tendency to make a fact more or less probable than
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`it would be without the evidence. Further, to the extent any of those exhibits are
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`deemed relevant admission of the exhibit would be unduly prejudicial, misleading,
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`and a waste of time.
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`Exhibits 1244-1250, 1257-1261, 1265, and 1268 are new evidence not
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`disclosed to Patent Owner until after the filing of its Patent Owner response. To
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`the extent those exhibits were cited in Patent Owner’s reply they were cited in
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`support of arguments that were not made in the petition and are therefore improper
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`to raise for the first time in Petitioner’s reply. The exhibits that were not cited in
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`Petitioner’s reply also appear to be in support of new arguments. As such, these
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`exhibits are not relevant to the instituted ground of review. Further, to the extent
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`-2-
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`Case IPR2017-00210
`Patent 7,116,710
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`any of those exhibits are deemed relevant admission of the exhibit would be
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`unduly prejudicial, misleading, and a waste of time, as the prejudice to Patent
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`Owner for being surprised and unable to respond to Petitioner’s new evidence
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`outweighs the relevance of this evidence.
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`Caltech objects to Exhibits 1262 and 1264 to the extent testimony was
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`elicited from questions outside the scope of the witness’s direct testimony, as such
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`testimony is both not relevant and prejudicial to Caltech, as well as in violation of
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`F.R.E. 611(b) and 37 C.F.R. § 42.53(d)(5)(ii).
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`Caltech further objects to Exhibit 1268 and the portions of Exhibit 1265 that
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`rely on Exhibit 1268 for failure to comply with 37 C.F.R. § 42.65.
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`Caltech further objects to Exhibit 1267 (“California Institute of Technology
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`v. Hughes Communications Inc., No. 2:13-cv-07245-MRP-JEM, 2015 WL
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`11089495 (C.D. Cal. May 5, 2015)”) under F.R.E. 106 (“Remainder of or Related
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`Writings or Recorded Statements”). If Exhibit 1067 is deemed admissible then
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`other writings or recorded statements in fairness ought to be considered at the same
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`time.
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`III. CONCLUSION
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`Exhibits 1244-1251, 1253, 1255, 1257-1262, 1264-1265, 1267, and 1268
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`were filed and served on February 7, 2018. These objections are made within five
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`business days of service.
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`-3-
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`Case IPR2017-00210
`Patent 7,116,710
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`Date: February 14, 2018
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`Respectfully submitted,
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`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
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`Case IPR2017-00219
`Patent 7,116,710
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`CERTIFICATE OF SERVICE
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`I certify that the foregoing Patent Owner’s Third Notice of Objection to
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`Evidence was served on this 14th day of February, 2018, on the Petitioner at the
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`electronic service addresses of the Petitioner as follows:
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`Richard Goldenberg
`Dominic Massa
`Michael H. Smith
`James M. Dowd
`Mark D. Selwyn
`Arthur Shum
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`dominic.massa@wilmerhale.com
`michaelh.smith@wilmerhale.com
`james.dowd@wilmerhale.com
`mark.selwyn@wilmerhale.com
`arthur.shum@wilmerhale.com
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`Date: February 14, 2018
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`Respectfully submitted,
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`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
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`-5-
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