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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
`
`v.
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`VALENCELL, INC.
`Patent Owner
`
`____________________
`
`Case IPR2017-00319
`U.S. Patent No. 8,923,941
`____________________
`
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`
`
`IPR2017-00319
`U.S. Patent No. 8,923,941
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Apple Inc. (“Apple”) hereby
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`objects under the Federal Rules of Evidence (“FRE”) and 37 C.F.R. § 42.62 to the
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`admissibility of Exhibit 2006 cited in Valencell, Inc.’s Patent Owner’s Response
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`(Paper 22). These objections are being timely filed within five (5) business days of
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`the Patent Owner’s service of the exhibit to which these objections are directed.
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`Apple files and serves Valencell with these objections to provide notice that Apple
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`may move to exclude Exhibit 2006 under 37 C.F.R. § 42.64(c).
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`1.
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`Exhibit 2006
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`Petitioner objects to Exhibit 2006, specifically at least ¶¶ 40, 76-77, 80, 85,
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`87, 97-98 as improper expert testimony under FRE 702 and 703. The testimony is
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`based on insufficient facts or data, is not the product of reliable principles and
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`methods, and the expert has not reliably applied the appropriate principles and
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`methods to the facts of the case.
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`In addition, at least ¶ 40 is inadmissible as irrelevant pursuant to FRE 401,
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`402, and 403 because it has not been relied upon in support of any argument made
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`in the Patent Owner Response. Any arguments not made in the Patent Owner
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`Response are deemed waived. See Paper 11 at 3.
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`- 1 -
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`Respectfully submitted,
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`IPR2017-00319
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`U.S. Patent No. 8,923,941
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Michelle K. Holoubek, Reg. # 54,179/
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`
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`Michelle K. Holoubek
`Registration No. 54,179
`Attorney for Petitioner
`
`
`Date: September 29, 2017
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`1100 New York Avenue, N.W.
`Washington, D.C.20005-3934
`(202) 371-2600
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`
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`- 2 -
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`
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`IPR2017-00319
`U.S. Patent No. 8,923,941
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER’S
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`OBJECTIONS TO PATENT OWNER’S EVIDENCE PURSUANT TO 37
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`C.F.R. § 42.64(b)(1) was served electronically via e-mail on September 29, 2017,
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`in its entirety on the following counsel of record for Patent Owner:
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`
`
`Justin B. Kimble (Lead Counsel)
`Jeffrey R. Bragalone (Back-up Counsel)
`Nicholas C. Kliewer (Back-up Counsel)
`T. William Kennedy (Back-up Counsel)
`Jonathan H. Rastegar (Back-up Counsel)
`Brian P. Herrmann (Back-up Counsel)
`Marcus Benavides (Back-up Counsel)
`R. Scott Rhoades (Back-up Counsel)
`Sanford E. Warren, Jr. (Back-up Counsel)
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`
`
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`JKimble-IPR@bcpc-law.com
`jbragalone@bcpc-law.com
`nkliewer@bcpc-law.com
`bkennedy@bcpc-law.com
`jrastegar@bcpc-law.com
`bherrmann@bcpc-law.com
`mbenavides@bcpc-law.com
`srhoades@wriplaw.com
`swarren@wriplaw.com
`
`
`
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michelle K. Holoubek, Reg. # 54,179/
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`
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`Michelle K. Holoubek
`Registration No. 54,179
`Attorney for Petitioner
`
`
`
`
`
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`Date: September 29, 2017
`
`1100 New York Avenue, N.W.
`Washington, D.C.20005-3934
`(202) 371-2600
`
`
`
`
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