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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`APPLE INC.,
`Petitioner
`v.
`COREPHOTONICS, LTD.,
`Patent Owner
`———————
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`IPR2020-00861
`U.S. Patent 10,230,898
`_______________
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`SUR-REPLY EXHIBITS
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`I.
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`Petitioner’s Objections to Patent Owner’s Sur-Reply Exhibits
` IPR2020-00861 (Patent No. 10,230,898)
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`Introduction
`On July 23, 2021, Patent Owner filed its sur-reply (Papers 25 and 26)
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`together with Exhibits 2017 and 2018. Pursuant to 37 C.F.R. § 42.64(b)(1),
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`Petitioner submits the following objections to Challenged Exhibit 2018, and to any
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`reference to, or reliance upon, Challenged Exhibit, as improper sur-reply evidence
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`under §42.23(b) and Federal Rules of Evidence (FRE).
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`II. Objections Under §42.23(b) and FRE
`a. Exhibit 2018
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`Apple objects to this document as inadmissible under §42.23(b) because sur-
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`reply may only respond to arguments raised in the corresponding reply and may
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`not be accompanied by new evidence other than deposition transcripts of the cross-
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`examination of any reply witness. Apple further objects to this document as
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`irrelevant under FRE 401 and 402 because it does not make any fact more or less
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`probable than it would be without the evidence, and as unfairly prejudicial,
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`confusing the issues, misleading, and a waste of time under FRE 403.
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`III. Conclusion
`These objections are timely presented, as they are filed and served within
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`five business days of service of the evidence to which the objection is directed. 37
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`C.F.R. § 42.64(b)(l). Petitioners reserve the right to file a motion to exclude the
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`evidence objected to herein.
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`- 1 -
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`Petitioner’s Objections to Patent Owner’s Sur-Reply Exhibits
` IPR2020-00861 (Patent No. 10,230,898)
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`Respectfully submitted,
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`Dated: July 30, 2021
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`/David W. OBrien/
`David W. O’Brien
`Lead Counsel for Petitioner
`Registration No. 40,107
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`- 2 -
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`Petitioner’s Objections to Patent Owner’s Sur-Reply Exhibits
` IPR2020-00861 (Patent No. 10,230,898)
`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
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`service was made on the Patent Owner as detailed below.
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`Date of service July 30, 2021
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`Manner of service Electronic Service by E-Mail
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`Documents served Petitioner’s Objections to Patent Owner’s Exhibits
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`Neil A. Rubin (nrubin@raklaw.com)
`C. Jay Chung (jchung@raklaw.com)
`Marc A. Fenster (mfenster@raklaw.com)
`James S. Tsuei (jtsuei@raklaw.com)
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
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`Persons served
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`/David W. OBrien/
`David W. O’Brien
`Lead Counsel for Petitioner
`Registration No. 40,107
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`- 3 -
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