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`Paper No. ___
`Filed: November 7, 2017
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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 IPR2017-00701
`Patent 7,421,032
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`—————————————————
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`PATENT OWNER’S SECOND NOTICE OF OBJECTION TO EVIDENCE
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`Case IPR2017-00701
`Patent 7,421,032
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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 1129-1143. As required by 37 C.F.R. § 42.62, Patent
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`Owner’s objections below apply the Federal Rules of Evidence (“F.R.E.”).
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`II. OBJECTIONS
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`Caltech objects to Ex. 1129, “OCLC Record of Proceedings of the 36th
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`Allerton Conference on Communication, Control and Computing”; Ex. 1130,
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`“Declaration of Library Expert Theodore A. Fons”; Ex. 1131, “Affidavit of Pamela
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`Stansbury”; Ex. 1132, “Affidavit From Dr. Bruce Hajek”; Ex. 1133, “Affidavit
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`from Dr. Tamer Başar”; Ex. 1134, “Affidavit from Dr. Ramavarapu Sreenivas”;
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`Ex. 1135, “Declaration of Dr. Brendan Frey”; Ex. 1136, “A Screen Capture of an
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`Archived Version of the Website for the 37th Annual Allerton Conference”; Ex.
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`1137, “A Purchase Order for the 37th Allerton Conference Proceedings”; Ex. 1138,
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`“A Bill of Lading for the 37th Annual Allerton Conference Proceedings”; Ex. 1139,
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`“An Excerpt from the Deposition of Dr. Stephen Wicker”; Ex. 1140, “An Excerpt
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`from the Deposition of Dr. Rüdiger Urbanke”; Ex. 1141, “Jafar A. Alzubi, Omar
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`A. Alzubi, and Thomas M. Chen, ‘Forward Error Correction Based on Algebraic-
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`Geometric Theory’”; Ex. 1142, “MARC Record of Proceedings of the 37th Allerton
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`Conference on Communication, Control and Computing”; Ex. 1143, “BEACON
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`-1-
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`Case IPR2017-00701
`Patent 7,421,032
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`Record of Proceedings of the 37th Allerton Conference on Communication, Control
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`and Computing”.
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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 1129-1143 are not cited in the petition that initiated this proceeding.
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`As such, these exhibits are not relevant to the instituted ground of review or any
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`other aspect of this proceeding as they have no tendency to make a fact more or
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`less probable than it would be without the evidence. Moreover, to the extent
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`Petitioner intends to rely on any of Exhibits 1129-1143 as evidence that the Frey or
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`Divsalar references qualify in this proceeding as prior art printed publications,
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`Exhibits 1129-1143 are not relevant to the purported dates of publication
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`specifically asserted in the petition. Further, to the extent any of Exhibits 1129-
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`1143 are deemed relevant admission of the exhibit would be unduly prejudicial,
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`misleading, and a waste of time.
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`III. CONCLUSION
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`Exhibits 1129-1143 were filed and served on October 31, 2017. These
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`objections are made within five business days of service.
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`Case IPR2017-00701
`Patent 7,421,032
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`Date: November 7, 2017
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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 IPR2017-00701
`Patent 7,421,032
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`CERTIFICATE OF SERVICE
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`I certify that the foregoing Patent Owner’s Second Notice of Objection to
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`Evidence was served on this 7th day of November, 2017, 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
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`dominic.massa@wilmerhale.com
`michaelh.smith@wilmerhale.com
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`Date: November 7, 2017
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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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