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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG, S.A.,
`Patent Owner.
`________________
`
`Case IPR2018-00361
`Patent 6,216,158 B1
`
`________________
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`
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EXHIBITS
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`
`
`IPR2018-00361
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`Petitioner’s Objections to Patent Owner’s Exhibits U.S. Patent No. 6,216,158
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`I.
`
`Introduction
`
`On October 18, 2018, Patent Owner filed its Response. Paper 11. In
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`connection with filing its Response, Patent Owner also filed Exhibits EX2002,
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`EX2003, and EX2004. Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner submits the
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`following objections to Patent Owner’s Exhibits EX2002, EX2003, and EX2004
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`and any reference to or reliance upon these Exhibits.
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`II. Objections Under the Federal Rules of Evidence (FRE)
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`a. EX2002
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`This document is objected to as lacking foundation and lacking
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`authentication under FRE 901, and this document is not self-authenticating under
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`FRE 902. See FRE 901(a) (“To satisfy the requirement of authenticating or
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`identifying an item of evidence, the proponent must produce evidence sufficient to
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`support a finding that the item is what the proponent claims it is.”). Patent Owner
`
`provides no evidence whatsoever establishing that the item is what Patent Owner
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`claims it is, how it was acquired, or how or when it was made.
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`This document is further objected to as irrelevant, inadmissible, prejudicial,
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`and confusing the issues under FRE 401-403 because Patent Owner has not
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`established that this document was available to persons of ordinary skill in the art
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`before the filing date of the ’158 patent.
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`2
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`
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`IPR2018-00361
`
`Petitioner’s Objections to Patent Owner’s Exhibits U.S. Patent No. 6,216,158
`
`This document is further objected to as incomplete under FRE 106, as it
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`purports to be an article or journal publication but does not include any publication
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`information or even page numbers.
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`b. EX2003
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`This document is objected to as lacking foundation and lacking
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`authentication under FRE 901, and this document is not self-authenticating under
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`FRE 902. See FRE 901(a). Patent Owner provides no evidence whatsoever
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`establishing that the item is what Patent Owner claims it is, how it was acquired, or
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`how or when it was made.
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`This document is further objected to as irrelevant, inadmissible, prejudicial,
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`and confusing the issues under FRE 401-403 because Patent Owner has not
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`established that this document was available to persons of ordinary skill in the art
`
`before the filing date of the ’158 patent.
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`This document is further objected to as incomplete under FRE 106, as it
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`purports to be an article or journal publication but does not include any publication
`
`information or even page numbers.
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`c. EX2004
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`This document is objected to as lacking foundation and lacking
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`authentication under FRE 901, and this document is not self-authenticating under
`
`FRE 902. See FRE 901(a). Patent Owner provides no evidence whatsoever
`
`3
`
`
`
`IPR2018-00361
`
`Petitioner’s Objections to Patent Owner’s Exhibits U.S. Patent No. 6,216,158
`
`establishing that the item is what Patent Owner claims it is, how it was acquired, or
`
`how or when it was made.
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`This document is further objected to as inadmissible hearsay not within any
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`exception under FRE 801-807 because Patent Owner relies upon the statements
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`quoted or paraphrased therein for the truth of the matter asserted.
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`This document is further objected to as irrelevant, inadmissible, prejudicial,
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`and confusing the issues under FRE 401-403, as it is unsworn testimony from a
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`different proceeding and does not comport with 37 CFR 42.63.
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`This document is further objected to as incomplete under FRE 106, as it is
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`missing 73 pages, contains redactions, and relies upon unproduced documents
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`necessary for completeness.
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`
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`4
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`
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`IPR2018-00361
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`Petitioner’s Objections to Patent Owner’s Exhibits U.S. Patent No. 6,216,158
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`III. Conclusion
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`These objections are timely presented, as they are filed and served within
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`five business days of service of the evidence to which the objection is directed. 37
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`C.F.R. § 42.64(b)(l). Petitioners reserve the right to file a motion to exclude the
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`evidence objected to herein.
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`
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`Dated: October 25, 2018
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`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 972-739-8663
`Facsimile: 214-200-0853
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`Respectfully submitted,
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`/Scott T. Jarratt/
`Scott T. Jarratt
`Registration No. 70,297
`Counsel for Petitioner
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`5
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`
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`IPR2018-00361
`
`Petitioner’s Objections to Patent Owner’s Exhibits U.S. Patent No. 6,216,158
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
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`service was made on the Patent Owner as detailed below.
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`
`
`Date of service October 25, 2018
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`Manner of service Electronic Mail
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`Documents served Petitioner’s Objections to Patent Owner’s Exhibits
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`Persons served
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`
`
`Ryan Loveless (ryan@etheridgelaw.com)
`Brett Mangrum (brett@etheridgelaw.com)
`James Ethridge (jim@etheridgelaw.com)
`Jeffrey Huang (jeff@etheridgelaw.com)
`
`Etheridge Law Group
`2600 E. Southlake Blvd., Ste. 120-324
`Southlake, TX 76092
`Telephone: (817) 470-7249
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`
`
`
`
`
`
`/Scott T. Jarratt/
`Scott T. Jarratt
`Registration No. 70,297
`Counsel for Petitioner
`
`6
`
`
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