`U.S. Patent No. 9,779,419
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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.,
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`Petitioner,
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`v.
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`FIRSTFACE CO., LTD.,
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`Patent Owner.
`____________
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`Case IPR2019-006141
`U.S. Patent No. 9,779,419
`____________
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`PETITIONER’S OBJECTIONS TO EXHIBITS SUBMITTED WITH
`PATENT OWNER’S RESPONSE
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`1 Case IPR2019-01012 has been consolidated with this proceeding.
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`IPR2019-00614
`U.S. Patent No. 9,779,419
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Apple Inc. (“Petitioner”)
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`hereby submits the following objections to Patent Owner Firstface Co., Ltd.
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`(“Patent Owner”)’s Exhibits 2001, 2008 and any reference to or reliance on them,
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`without limitation. Petitioner’s objections below apply the Federal Rules of
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`Evidence (“F.R.E.”). These objections address evidentiary deficiencies in the
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`material submitted by Patent Owner with its Response on November 25, 2019.
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`To the extent Patent Owner does not cite these Exhibits (Exhibit 2008) or to
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`paragraphs of its witness declaration (Exhibit 2001) in its Patent Owner Response,
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`permitting reference to or reliance on these Exhibits and paragraphs in other
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`submissions of Patent Owner would be impermissible, misleading, irrelevant, and
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`unfairly prejudicial to Petitioner (F.R.E. 401, 402, 403). By failing to cite Exhibits
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`or paragraphs of its witness declaration, Patent Owner has also waived any
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`arguments as to those Exhibits and portions of the declaration. See 37 C.F.R.
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`§ 42.6(a)(3).
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`I. Objections to Exhibit 2001, And Any Reference to/Reliance Thereon
`Grounds for objection: F.R.E. 702 (“Testimony by Expert Witnesses”);
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`F.R.E. 703 (“Bases of an Expert’s Opinion Testimony”); F.R.E. 401 (“Test for
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`Relevant Evidence”); F.R.E. 402 (“General Admissibility of Relevant Evidence”);
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`F.R.E. 403 (“Excluding Relevant Evidence for Prejudice, Confusion, Waste of
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`Time, or Other Reasons”); 37 C.F.R. § 42.61 (“Admissibility”).
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`2
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`IPR2019-00614
`U.S. Patent No. 9,779,419
`Petitioner objects to Exhibit 2001. The declarant of Exhibit 2001, Dr.
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`Weaver, fails to provide sufficient underlying facts or data upon which the
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`statements contained therein could legitimately be based, in violation of F.R.E.
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`702. Dr. Weaver has also not “reliably applied the principles and methods to the
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`facts of the case,” and his opinions in Exhibit 2001 are not “the product of reliable
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`principles and methods,” in violation of F.R.E. 702. Furthermore, there is no
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`indication that Dr. Weaver based his opinions on facts or data upon which an
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`expert in the relevant field would reasonably rely in violation of F.R.E. 703.
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`Accordingly, permitting reliance on Exhibit 2001 in Patent Owner’s
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`Response or other submissions of Patent Owner would be misleading and unfairly
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`prejudicial to Petitioner (F.R.E. 403).
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`II. Objections to Exhibit 2008, And Any Reference to/Reliance Thereon
`Grounds for objection: 37 C.F.R. § 42.61 (“Admissibility”); 37 C.F.R.
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`§ 42.64(a) (“Deposition evidence”); 37 C.F.R. § 42.53(f)(8) (Objections in
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`depositions).
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`Exhibit 2008 is a deposition transcript from the present proceeding.
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`Petitioner hereby expressly repeats and incorporates by reference all objections
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`stated on the record in that deposition, and affirmatively maintains all such
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`objections.
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`3
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`IPR2019-00614
`U.S. Patent No. 9,779,419
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`Dated: December 3, 2019
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`Respectfully submitted,
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`By: /s/ Christopher M. Bonny
`Christopher M. Bonny
`Reg. No. 63,307
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`Counsel for Petitioner Apple Inc.
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`4
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`IPR2019-00614
`U.S. Patent No. 9,779,419
`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`OBJECTIONS TO EXHIBITS SUBMITTED WITH PATENT OWNER’S
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`RESPONSE was served on December 3, 2019 in its entirety by causing the
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`aforementioned document to be electronically mailed, pursuant to the parties’
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`agreement, to the following attorneys of record:
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`Lead Counsel:
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`Barry J. Bumgardner, Reg. No. 38,397
`NELSON BUMGARDNER ALBRITTON P.C.
`3131 W. 7th Street, Suit 300
`Fort Worth, TX 76107
`Phone: 817-377-3494
`Email: barry@nbafirm.com
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`Back-up Counsel: Matthew C. Juren
`Email: matthew@nbafirm.com
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`Thomas C. Cecil
`Email: tom@nbafirm.com
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`NELSON BUMGARDNER ALBRITTON P.C.
`3131 W. 7th Street, Suit 300
`Fort Worth, TX 76107
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`Date: December 3, 2019
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`By: /Jonathan Bradford/
`Name: Jonathan Bradford
`ROPES & GRAY LLP
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`5
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