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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`INTEL CORP., and
`CAVIUM, INC.,
`Petitioners,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner
`________________
`
`Case IPR2017-013921
`U.S. Patent No. 7,337,241
`________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`UNDER 37 C.F.R. § 42.64
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`1 Cavium, Inc., which filed a Petition in Case IPR2017-01728, has been joined as
`a petitioner in this proceeding.
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`1
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner, Alacritech, Inc. hereby
`
`makes the following objections to the admissibility of documents submitted with
`
`Petitioner’s Opposition.
`
`Evidence
`
`Objections
`
`Ex. 1223 Declaration of
`Robert Horst
`
`
`Ex. 1224 Deposition of
`Kevin C. Almeroth, Ph.D.,
`Volume 1 (May 03, 2018)
`
`Ex. 1225 Deposition of
`Kevin C. Almeroth, Ph.D.,
`Volume 2 (May 04, 2018)
`
`Ex. 1227 New ASIC drives
`Alacritech into storage by R.
`
`Patent Owner objects to this exhibit because it
`includes arguments that are outside the scope of the
`Opposition. Admissibility of such declaration would
`permit the use of declarations to circumvent the
`page limits that apply to oppositions.
`
`FRE 702: Patent Owner objects to this exhibit to
`the extent it is irrelevant, not based on a reliable
`foundation, and constitutes conclusory opinions
`without sufficient support, e.g., in Paragraphs 24,
`25, 28, 29, 34, 43, 45, 46, 48, and 49.
`
`FRE 703 and 801: Patent Owner objects to this
`declaration to the extent it includes inadmissible
`hearsay that does not fall within the scope of any
`hearsay exception under FRE 803, e.g., in
`Paragraphs 24-28, 35-37, 39-42, 44, 50, 53, 59, 60,
`and 61.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, e.g., at
`185:2-186:5.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, e.g., at
`474:17-476:10.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
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`Evidence
`
`Objections
`
`Merritt, EE Times (January
`11, 2011)
`
`Ex. 1228 Internet page from
`Alacritech.com downloaded
`on May 6, 2018
`
`Ex. 1230 Why Are We
`Deprecating Network
`Performance Features? By
`B. Wilson downloaded on
`May 2, 2018
`
`Ex. 1231 Alacritech, Inc.’s
`Answer and Counterclaims
`to Intel Corporation’s
`Complaint in Intervention
`from Alacritech v.
`CenturyLink, et al.,
`16cv693, Eastern District of
`Texas (D.I. 94) (December
`13, 2016)
`Ex. 1232 Alacritech’s First
`Amended and Supplemental
`Patent Initial Disclosures
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`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
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`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant.
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`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
`
`Objections
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`from Alacritech v.
`CenturyLink, et al.,
`16cv693, Eastern District of
`Texas (February 24, 2017)
`Ex. 1235 Patent Local Rules
`for the Eastern District of
`Texas
`
`Ex. 1239 Comparison of
`Alteon (Ex. 1033) and
`“Internet pages directed to
`Technical Brief on Alteon
`Ethernet Gigabit NIC
`(Printed Mar. 15, 1997)”
`(Ex. 1221)
`
`Ex. 1240 IETF SNMP
`Working Group Internet
`Draft SNMP
`Communications Services
`by Frank J. Kastenholz
`(April 1991)
`
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`patent at issue.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
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`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
`
`Objections
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`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`patent at issue.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`patent at issue.
`
`FRE 401, 402, and 403: Patent Owner objects to
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`Ex. 1242 John S.
`Quarterman, Abraham
`Silberschatz, and James L.
`Peterson. 1985. 4.2BSD and
`4.3BSD as examples of the
`UNIX system. ACM
`Comput. Surv. 17, 4
`(December 1985), 379-418
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
`
`Objections
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`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`
`Ex. 1243 The Internet
`Archive: Building an
`'Internet Library'
`downloaded at:
`https://web.archive.org/web/
`20000408223908/https://
`archive.org/about/index.html
`
`Ex. 1244 History of Search
`Engines: From 1945 to
`Google Today downloaded
`at: http://www.
`searchenginehistory.com/
`
`Ex. 1245 History Of Search
`Engines by Tom Seymour,
`et al., International Journal
`of Management &
`Information Systems,
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
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`Objections
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`Volume 15, Number 4
`(2011)
`
`Ex. 1246 Press Release:
`Alteon Networks and
`Network Appliance
`Demonstrate Gigabit
`Ethernet Connectivity at
`NetWorld+Interop Atlanta
`(September 18, 1996)
`
`Ex. 1247 Sun to OEM
`Alteon's Gigabit Ethernet
`products by Robert
`McMillan (May 1, 1997)
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`patent at issue.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
`
`Objections
`
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`patent at issue.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 901: Patent Owner objects to this exhibit
`because Petitioner has failed to establish that this
`exhibit is what Petitioner claims it is, and has failed
`to authenticate this exhibit.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`To the extent that Petitioner attempts to rely on any
`date that appears on this exhibit to establish public
`accessibility, the date is hearsay under FRE 801 and
`does not fall within the hearsay exceptions under
`FRE 803.
`
`Patent Owner also objects to this exhibit because
`Petitioner fails to establish that this exhibit was
`publicly available before the priority date of the
`
`Ex. 1248 Modeling and
`analysis of the Unix
`communication subsystems
`by Yi-Chun Chu and Toby
`J. Teorey In Proceedings of
`the 1996 conference of the
`Centre for Advanced Studies
`on Collaborative research
`(CASCON '96) (1996)
`
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
`
`Objections
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`patent at issue.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, and is not
`referenced in any of the briefs.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant, as it is not used as a
`reference in any of the instituted grounds, e.g., at
`474:17-476:10.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant.
`
`FRE 801: Patent Owner also objects to this exhibit
`because it is hearsay under FRE 801 and does not
`fall within the hearsay exceptions under FRE 803.
`
`FRE 401, 402, and 403: Patent Owner objects to
`this exhibit as it is irrelevant.
`
`Ex. 1249 Excerpt from
`Report of Alacritech’s
`Expert Dr. Kevin C.
`Almeroth Concerning Intel’s
`Infringement from
`Alacritech v. CenturyLink,
`et al., 16cv693, Eastern
`District of Texas (October
`23, 2017)
`Ex. 1250 Declaration of Dr.
`Kevin C. Almeroth in
`Support of Alacritech’s
`Motion for Preliminary
`Injunction of Microsoft’s
`Infringement of Claim 1 of
`U.S. Patent 6,697,868 from
`Alacritech, Inc. v. Microsoft
`Corporation, Northern
`District of California,
`04cv03284 (D.I. 27)
`(November 19, 2004)
`Ex. 1251 Declaration of Dr.
`Kevin C. Almeroth in
`Support of Alacritech’s
`Reply to Microsoft’s
`Opposition to of
`Alacritech’s Motion for
`Preliminary Injunction from
`Alacritech, Inc. v. Microsoft
`Corporation, Northern
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Evidence
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`Objections
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`District of California,
`04cv03284 (D.I. 73)
`(February 11, 2005)
`
`
`
`Date: May 22, 2018
`
` Respectfully submitted,
`
`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE was served on May 22,
`
`2018 by filing it through the Patent Review Processing System, as well as by e-
`
`
`
`mailing copies to:
`
`Garland T. Stephens (Reg. No. 37,242)
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
`
`Anne M. Cappella (Reg. No. 43,217)
`Adrian Percer (Reg. No. 46,986)
`Jeremy Jason Lang (Reg. No. 73,604)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
`
`Patrick McPherson (Reg. No. 46,255)
`David T. Xue
`Karineh Khachatourian
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`DTXue@duanemorris.com
`karinehk@duanemorris.com
`
`
`Date: May 22, 2018
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`Case No. IPR2017-01392
`U.S. Patent No. 7,337,241
`
`Respectfully submitted,
`
`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
`
`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
`
`
`
`
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`12
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`
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