UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ADVANCED MICRO DEVICES, INC.
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`Petitioner
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`v.
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`AQUILA INNOVATIONS INC.
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`Patent Owner
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`Case IPR2019-01526
`Patent 6,895,519 B2
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`PATENT OWNER’S EVIDENTIARY OBJECTIONS
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ADVANCED MICRO DEVICES, INC.
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`Petitioner
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`v.
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`AQUILA INNOVATIONS INC.
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`Patent Owner
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`Case IPR2019-01526
`Patent 6,895,519 B2
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`PATENT OWNER’S EVIDENTIARY OBJECTIONS
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`Pursuant to 37 C.F.R § 42.64(b)(1), Patent Owner Aquila Innovations Inc.
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`(“Aquila”) objects to the admissibility of evidence served by Petitioner Advanced
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`Micro Devices, Inc. (“AMD”) in connection with its petition filed on September
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`13, 2019.
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`Aquila objects, under FRE 402/403, to all references that do not form the
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`basis of the instituted review.
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`Aquila additionally objects that Exhibit 1003 (Declaration of David
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`Albonesi) provides opinions that are irrelevant under FRE 402, or that their
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`probative value is substantially outweighed by other consideration under FRE 403,
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`including unfair prejudice, confusion of the issue and waste of time. Patent Owner
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`further objects that Exhibit 1003 is hearsay not subject to any exceptions under
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`FRE 802. Aquila objects to paragraphs 36 – 49 of Exhibit 1003 under FRE 402 and
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`403 because they provide opinions related to purported references that do not form
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`the basis for any instituted ground. Aquila further objects to paragraph 36 under
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`FRE 602 because Dr. Albonesi lacks personal knowledge of the alleged creation of
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`ACPI. Aquila objects to paragraph 41 as hearsay not subject to any exception
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`under FRE 802 and for lack of personal knowledge under FRE 602. Aquila objects
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`to paragraph 44 under FRE 702. Aquila objects to paragraph 43 as hearsay not
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`subject to any exception under FRE 802 and for lack of personal knowledge under
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`FRE 602. Aquila objects to paragraph 47 for lack of personal knowledge regarding
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`-2-
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`alleged Texas Instruments products under FRE 602. Aquila objects to paragraph 72
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`under FRE 602 for lack of personal knowledge concerning the purported
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`popularity of Microsoft Windows, and as hearsay not subject to any exception
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`under FRE 802. Aquila objects to paragraph 170 under FRE 602 for lack of
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`personal knowledge of the purported adoption of ACPI in the industry. Aquila
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`objects to paragraph 199 as hearsay not subject to any exception.
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`Aquila objects to Exhibit 1005 as lacking authentication under FRE 901.
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`Aquila objects to Exhibit 1005 under FRE 802 because it is inadmissible hearsay
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`not subject to any exceptions.
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`Aquila objects to Exhibit 1010 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1011 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1013 under FRE 402 and 403. Aquila’s
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`preliminary infringement contentions are not evidence and not relevant to any issue
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`material to patentability in this proceeding. Even if relevant, Exhibit 1013’s
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`probative value is outweighed by countervailing considerations, such as unfair
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`prejudice, confusion of the issues, cumulativeness, undue delay, misleading the
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`Board, and wasting time.
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`-3-
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`Aquila objects to Exhibit 1014 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1015 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1015 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1016 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1016 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1017 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1017 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1018 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1020 under FRE 901 because it lacks
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`authentication. Aquila objects to Exhibit 1020 under FRE 802 because it is
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`inadmissible hearsay not subject to any exceptions. Aquila objects to Exhibit 1020
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`under FRE 402 and 403 because it is a purported reference that does not form the
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`basis of any instituted ground.
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`Aquila objects to Exhibit 1021 under FRE 601 as lacking foundation and
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`personal knowledge. Aquila objects to Exhibit 1021 under FRE 802 because it is
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`inadmissible hearsay not subject to any exception.
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`Aquila objects to Exhibit 1022 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1022 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1023 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1023 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1024 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1024 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Aquila objects to Exhibit 1025 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1026 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground.
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`Aquila objects to Exhibit 1027 under FRE 402 and 403 because it is a
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`purported reference that does not form the basis of any instituted ground. Aquila
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`objects to Exhibit 1027 under FRE 802 because it is inadmissible hearsay not
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`subject to any exceptions.
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`Date: March 27, 2020
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`/s/Jing H. Cherng
`Jing H. Cherng
`Reg. No. 68,144
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`It is certified that a copy of the foregoing has been served on Petitioner via
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`electronic mail transmission addressed to the person(s) at the address below:
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`Daniel S. Block
`dblock-PTAB@sternekessler.com
`Michael B. Ray
`mray-PTAB@sternekessler.com
`Jonathan Tuminaro
`jtuminar-PTAB@sternekessler.com
`Michael D. Specht
`mspecht-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`/s/Jing H. Cherng
`Jing H. Cherng
`Reg. No. 68,144
`Counsel for Patent Owner
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`Date: March 27, 2020
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`-7-
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