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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP.
`Petitioners,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
`
`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`________________
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`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 IPR2018-00403, has been joined as
`a petitioner in this proceeding.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner, Alacritech, Inc. hereby
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`makes the following objections to the admissibility of documents submitted with
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`Petitioner’s Opposition.
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`Evidence
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`Ex. 1003 (Horst
`Declaration)
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`Ex.1004 (“Horst
`Resume”)
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`Objections
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`Patent Owner objects to this exhibit because it includes
`information that is not discussed sufficiently in the Petition.
`Admissibility of such declaration would permit the use of
`declarations to circumvent the page limits that apply to
`petitions.
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`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.
`For example, it provides no basis or evidence that:
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`Stevens1, Stevens2, and Tanenbaum96 “were well
`known resources to a POSA” Ex. 1003.014.
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`“[E]ach of the individual concepts was well known ….
`It would have been obvious to alter these
`implementations along one or more of the dimensions
`for a new implementation that would have produced
`predictable results.” Ex. 1003.043.
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`“Combining Tanenbaum96’s TCP/IP and header
`prediction with Thia would have been understood as
`combining known methods to yield predictable results.”
`Ex. 1003.077.
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`FRE 801: Patent Owner objects to this exhibit because it
`includes inadmissible hearsay that does not fall within the
`scope of any hearsay exception under FRE 803.
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`FRE 801: Patent Owner objects to this exhibit because it
`includes inadmissible hearsay.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Evidence
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`Objections
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`Ex.1005
`(“Erickson”)
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`Ex. 1006
`(Tanenbaum96)
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`Ex. 1007 (RFC
`793)
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`FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`Patent Owner objects to this exhibit because Petitioner fails to
`establish that this exhibit was publicly available before the
`priority date of the patent at issue.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. To the extent that Petitioner
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
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`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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
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`Ex. 1008
`(Stevens1)
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`Ex. 1009 (RFC
`929)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Evidence
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`Objections
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`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 602: Patent Owner objects to this exhibit because
`Petitioner does not introduce evidence of declarant’s personal
`knowledge of the subject matter of the testimony contained
`therein.
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`FRE 701 and FRE 702: Patent Owner objects to this exhibit
`because it includes opinion testimony of lay witness without
`meeting the requirement of FRE 701 and Petitioner fails to
`establish the witness as an expert under FRE 702.
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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. 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.
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`Ex. 1011 (Mayors
`Declaration)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Evidence
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`Objections
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`Ex. 1013
`(Stevens2)
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`Ex. 1015 (Thia)
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`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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`Patent Owner objects to this exhibit because Petitioner fails to
`establish that this exhibit was publicly available before the
`priority date of the patent at issue.
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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. 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.
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`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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`Patent Owner objects to this exhibit because Petitioner fails to
`establish that this exhibit was publicly available before the
`priority date of the patent at issue.
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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. 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.
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`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
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
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`Objections
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`Ex. 1016
`(Biersack)
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`Ex. 1017
`(Rütsche92)
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`exhibit.
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`FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
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`Objections
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`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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
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`Ex. 1018
`(Rütsche93)
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`Ex. 1019 (RFC
`647)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
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`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`Ex. 1020 (Morris) FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`Ex. 1022 (Cooper) FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`Ex. 1020 (Bach)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`
`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.
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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. 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.
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`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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`Ex. 1023 (Kung) FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`FRE 901: Patent Owner objects to this exhibit because
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
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`Objections
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`Ex. 1024
`(Chesson)
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`Ex. 1025
`(Kanakia)
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
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`Ex. 1026 (Kung
`and Cooper)
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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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`Ex. 1027 (Dalton) FRE 401, 402, and 403: Patent Owner objects to this exhibit
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
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`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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
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`Ex. 1028
`(Murphy)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
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`801 and does not fall within the hearsay exceptions under
`FRE 803.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`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.
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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. 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.
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`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 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
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`Ex. 1029
`(MacLean)
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`Ex. 1030 (Clark)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`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 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.
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`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.
`
`Ex. 1032 (Culler) FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 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.
`
`FRE 901: Patent Owner objects to this exhibit because
`Petitioner has failed to establish that this exhibit is what
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`
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`15
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`Petitioner claims it is, and has failed to authenticate this
`exhibit.
`
`Ex. 1033 (Alteon) FRE 401, 402, and 403: Patent Owner objects to this exhibit
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 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.
`
`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
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 801: Patent Owner also objects to this exhibit because it
`
`Ex. 1034 (Smith)
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`16
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`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.
`
`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
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 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.
`
`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
`because it is not relied on as a reference and is irrelevant, and
`
`17
`
`Ex. 1035
`(Patterson)
`
`Ex. 1036
`(RFC791)
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 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.
`
`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
`because it is not relied on as a reference and is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`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 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
`
`Ex. 1038
`(Woodside)
`
`
`
`18
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Evidence
`
`Objections
`
`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 602: Patent Owner objects to this exhibit because
`Petitioner does not introduce evidence of declarant’s personal
`knowledge of the subject matter of the testimony contained
`therein.
`
`FRE 701 and FRE 702: Patent Owner objects to this exhibit
`because it includes opinion testimony of lay witness without
`meeting the requirement of FRE 701 and Petitioner fails to
`establish the witness as an expert under FRE 702.
`
`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.
`
`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 fail
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