Case IPR2019-00820
`Patent 7,937,581
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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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`MPH TECHNOLOGIES OY,
`Patent Owner,
`____________
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`Case IPR2019-00820
`Patent 7,937,581
`____________
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`PATENT OWNER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Patent 7,937,581
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner,
`____________
`
`Case IPR2019-00820
`Patent 7,937,581
`____________
`
`PATENT OWNER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Patent Owner MPH Technologies Oy hereby objects to the following
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`documents submitted by Petitioner Apple Inc.
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`Nothing in this paper should be construed as an admission that any rights of
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`Patent Owner would have been waived or forfeited had the paper or any objection
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`herein not been filed, or that 37 C.F.R. § 42.64(b) applies to any of the objections
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`herein if § 42.64(b) would not otherwise apply. The objections herein are
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`premised upon § 42.64 potentially being determined to apply to the document in
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`question, and are submitted solely to preserve the rights of Patent Owner should §
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`42.64(b) be determined to apply.
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`1.
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`Exhibit 1002
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`Under FRE 401/402/403/702, this document or documents include
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`testimony not relevant to the instituted review, because, among other things, it has
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`not been shown that the purportedly expert declarant is qualified to testify
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`competently regarding the matters the opinions are said to address, or that the
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`declarant’s testimony is based on sufficient facts or data or arrived at by reliable
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`principles, procedures, or methods reliably applied to the facts of this case, or that
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`the declarant’s opinion will assist the trier of fact to understand the evidence or to
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`determine any fact in issue and does not have a greater potential to mislead than to
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`enlighten. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
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`documents include testimony that is not shown to be based on first-hand
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`knowledge including of how relied-upon data was generated, is based on
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`speculation, and constitutes and contains inadmissible hearsay. Under FRE
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`401/705 and 37 C.F.R. § 42.65, this document or documents include testimony on
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`patent law and practice.
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`2.
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`Exhibit 1008
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`Under FRE 801/802, this document or documents constitute and contain
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
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`this document or documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, this document or documents are inadmissible because they
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`have not been shown to be authenticated or identified. The document or
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`documents are relied upon as evidence of prior art or of common knowledge or
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`understanding of persons in the art at the priority date at issue, but are inadmissible
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`because they have not been shown to qualify as prior art under, inter alia, 35
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`U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`- 2 -
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`3.
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`Exhibit 1009
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`Under FRE 801/802, this document or documents constitute and contain
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
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`this document or documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, this document or documents are inadmissible because they
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`have not been shown to be authenticated or identified. The document or
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`documents are relied upon as evidence of prior art or of common knowledge or
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`understanding of persons in the art at the priority date at issue, but are inadmissible
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`because they have not been shown to qualify as prior art under, inter alia, 35
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`U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`4.
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`Exhibit 1010
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`Under FRE 801/802, this document or documents constitute and contain
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
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`this document or documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`- 3 -
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, this document or documents are inadmissible because they
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`have not been shown to be authenticated or identified. The document or
`
`documents are relied upon as evidence of prior art or of common knowledge or
`
`understanding of persons in the art at the priority date at issue, but are inadmissible
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`because they have not been shown to qualify as prior art under, inter alia, 35
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`U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`5.
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`Exhibit 1011
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`Under FRE 801/802, this document or documents constitute and contain
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
`
`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
`
`this document or documents are inadmissible as irrelevant because, among other
`
`things, they do not form a basis of the instituted grounds, and their probative value
`
`is outweighed by other considerations including prejudice, confusion and waste of
`
`time. Under FRE 901, this document or documents are inadmissible because they
`
`have not been shown to be authenticated or identified. The document or
`
`documents are relied upon as evidence of prior art or of common knowledge or
`
`understanding of persons in the art at the priority date at issue, but are inadmissible
`
`because they have not been shown to qualify as prior art under, inter alia, 35
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`- 4 -
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`U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`6.
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`Exhibit 1012
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`Under FRE 801/802, this document or documents constitute and contain
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
`
`this document or documents are inadmissible as irrelevant because, among other
`
`things, they do not form a basis of the instituted grounds, and their probative value
`
`is outweighed by other considerations including prejudice, confusion and waste of
`
`time. Under FRE 901, this document or documents are inadmissible because they
`
`have not been shown to be authenticated or identified. The document or
`
`documents are relied upon as evidence of prior art or of common knowledge or
`
`understanding of persons in the art at the priority date at issue, but are inadmissible
`
`because they have not been shown to qualify as prior art under, inter alia, 35
`
`U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
`
`common knowledge or understanding as of the priority date.
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`7.
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`Exhibit 1017
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`Under FRE 401/402/403/702, this document or documents include
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`testimony not relevant to the instituted review, because, among other things, it has
`
`not been shown that the purportedly expert declarant is qualified to testify
`
`- 5 -
`
`
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`competently regarding the matters the opinions are said to address, or that the
`
`declarant’s testimony is based on sufficient facts or data or arrived at by reliable
`
`principles, procedures, or methods reliably applied to the facts of this case, or that
`
`the declarant’s opinion will assist the trier of fact to understand the evidence or to
`
`determine any fact in issue and does not have a greater potential to mislead than to
`
`enlighten. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
`
`documents include testimony that is not shown to be based on first-hand
`
`knowledge including of how relied-upon data was generated, is based on
`
`speculation, and constitutes and contains inadmissible hearsay. Under FRE
`
`401/705 and 37 C.F.R. § 42.65, this document or documents do not disclose
`
`underlying facts and data. Under FRE 401/705 and 37 C.F.R. § 42.65, this
`
`document or documents include testimony on patent law and practice.
`
`8.
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`Exhibit 1018
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`Under FRE 401/402/403/702, this document or documents include
`
`testimony not relevant to the instituted review, because, among other things, it has
`
`not been shown that the purportedly expert declarant is qualified to testify
`
`competently regarding the matters the opinions are said to address, or that the
`
`declarant’s testimony is based on sufficient facts or data or arrived at by reliable
`
`principles, procedures, or methods reliably applied to the facts of this case, or that
`
`the declarant’s opinion will assist the trier of fact to understand the evidence or to
`
`- 6 -
`
`
`
`determine any fact in issue and does not have a greater potential to mislead than to
`
`enlighten. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
`
`documents include testimony that is not shown to be based on first-hand
`
`knowledge including of how relied-upon data was generated, is based on
`
`speculation, and constitutes and contains inadmissible hearsay. Under FRE
`
`401/705 and 37 C.F.R. § 42.65, this document or documents do not disclose
`
`underlying facts and data. Under FRE 401/705 and 37 C.F.R. § 42.65, this
`
`document or documents include testimony on patent law and practice.
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`Respectfully submitted,
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`____/ James T. Carmichael /_________
`James T. Carmichael, Reg. No. 45,306
`CARMICHAEL IP, PLLC
`Date: October 22, 2019
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`CERTIFICATE OF SERVICE
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`Case IPR2019-00820
`Patent 7,937,581
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`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date signed below:
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`PATENT OWNER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`The names and address of the parties being served are as follows:
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`Michael D. Specht
`Daniel S. Block
`Timothy L. Tang
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`mspecht-PTAB@sternekessler.com
`dblock-PTAB@sternekessler.com
`ttang-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`Respectfully submitted,
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` / Patrick Maloney /
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`Date: October 22, 2019
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