`Patent 10,027,619
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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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`SEVEN NETWORKS, LLC
`Patent Owner
`____________
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`Case IPR2020-00280
`Patent 10,027,619
`____________
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`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 objects to the following documents submitted by Petitioner
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`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 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R.
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`§ 42.51(b)(1), this document or documents are incomplete and are not a copy
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`which accurately reproduces the original.
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`- 1 -
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`2.
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`Exhibit 1003
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`Under FRE and 37 C.F.R. § 42.65, this document is inadmissible to the
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`extent that it is conclusory and does not disclose the bases for the opinions offered
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`therein. Under FRE 401/402/403/702, this document includes testimony not
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`relevant to the instituted review, because, among other things, it has not been
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`shown that the purportedly expert declarant is qualified to testify competently
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`regarding the matters the opinions are said to address, or that the declarant’s
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`testimony is based on sufficient facts or data or arrived at by reliable principles,
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`procedures, or methods reliably applied to the facts of this case, or that the
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`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
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`includes testimony that is not shown to be based on first-hand knowledge including
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`of how relied-upon data was generated, is based on speculation, and constitutes
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`and contains inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65,
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`this document does not disclose underlying facts and data. Under FRE 401/705
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`and 37 C.F.R. § 42.65, this document includes testimony on patent law and
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`practice. Under 37 C.F.R. § 42.6(a)(3), this document is inadmissible to the extent
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`that to it relies upon material not presented in the Petition.
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`- 2 -
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`3.
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`Exhibit 1011
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`Under FRE 401/402/403, this document or documents are inadmissible as
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`irrelevant because, among other things, they do not form a basis of the instituted
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`grounds, and their probative value is outweighed by other considerations including
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`prejudice, confusion and waste of time.
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`4.
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`Exhibit 1014
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`Under FRE 401/402/403, this document or documents are inadmissible as
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`irrelevant because, among other things, they do not form a basis of the instituted
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`grounds, and their probative value is outweighed by other considerations including
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`prejudice, confusion and waste of time.
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`Respectfully submitted,
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`____/ Kenneth J. Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
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`Date: August 28, 2020
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`- 3 -
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`Case IPR2020-00280
`Patent 10,027,619
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were served
`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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`W. Karl Renner
`Stuart A. Nelson
`Patrick J. Bisenius
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`IPR39521-0089IP1@fr.com
`snelson@fr.com
`bisenius@fr.com
`PTABInbound@fr.com
`axf-ptab@fr.com
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`Respectfully submitted,
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` / Keith Moore /
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`Date: August 28, 2020
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