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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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`Qualcomm Incorporated
`Patent Owner
`______________________
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`Case IPR2018-01316
`Patent 8,063,674
`______________________
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`PATENT OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO EVIDENCE SERVED
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Qualcomm Incorporated
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`(“Qualcomm” or “Patent Owner”) files these objections to evidence served by
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`Petitioner Apple Inc. (“Apple” or “Petitioner”) with the Petitioner Reply on
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`July 18, 2019. These objections are being timely filed within 5 business days of
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`service of the evidence.
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`1.
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`Exhibit 1018
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`37 C.F.R. § 42.65(b)
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`Qualcomm objects to all portions of Exhibit 1018 that reference SPICE circuit
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`simulations because Petitioner has not provided the affidavit required under 37
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`C.F.R. § 42.65(b). Under this rule, “[i]f a party relies on a technical test or data from
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`such a test, the party must provide an affidavit explaining: (1) Why the test or data
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`is being used; (2) How the test was performed and the data was generated; (3) How
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`the data is used to determine a value; (4) How the test is regarded in the relevant art;
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`and (5) Any other information necessary for the Board to evaluate the test and data.”
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`No such affidavit has been provided.
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`37 C.F.R. § 42.51(b)(1)(i)
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`Qualcomm objects to all portions of Exhibit 1018 that reference SPICE circuit
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`simulations because Petitioner has not provided the referenced SPICE circuit
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`simulations as routine discovery required under 37 C.F.R. § 42.51(b)(1)(i). Under
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`this rule, “any exhibit cited in a paper or in testimony must be served with the citing
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`-i-
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`paper or testimony.” Exhibit 1018 refers to SPICE circuit simulations, but Petitioner
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`did not serve the referenced SPICE circuit simulations with the exhibit.
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`Respectfully submitted,
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`/Joseph M. Sauer/
`Joseph M. Sauer (Reg. No. 47,919)
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`Attorney for Patent Owner
`Qualcomm Incorporated
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`Dated: July 25, 2019
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT
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`OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1) TO EVIDENCE
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`SERVED was served on July 25, 2019 by email, as follows:
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`IPR39521-0053IP2@fr.com
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`IPR39521-0053IP1@fr.com
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`PTABInbound@fr.com
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`axf-ptab@fr.com
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`rozylowicz@fr.com
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`riffe@fr.com
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`holt2@fr.com
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`wreichel@fr.com
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`Dated: July 25, 2019
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`/Joseph M. Sauer/
`Joseph M. Sauer (Reg. No. 47,919)
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`Attorney for Patent Owner
`Qualcomm Incorporated
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