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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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`MASIMO CORPORATION,
`Patent Owner.
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`Case IPR2020-01523
`Patent No. 8,457,703
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`Case No. IPR2020-01523
`Attorney Docket: 50095-0002IP1
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits the following
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`objections to evidence filed with Patent Owner’s Response of July 28, 2021.
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`Evidence
`Exhibit 2001
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`Exhibit 2003
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`Objections
`Petitioner objects to the admissibility of Exhibit 2001 under
`FRE 702 and 703, because it contains opinions that are
`conclusory, do not disclose supporting facts or data, are
`based on unreliable facts, data, or methods, and/or include
`testimony outside the scope of Dr. Madisetti’s specialized
`knowledge (to the extent he has any such knowledge) that
`will not assist the trier of fact. Petitioner also objects to
`Exhibit 2001 as containing opinions that are irrelevant,
`confusing, and presenting the danger of unfair prejudice
`under FRE 401, 402, and 403.
`Petitioner incorporates the real-time objections made by
`Petitioner’s counsel reflected in Exhibit 2003, to the extent
`that such objections relate to portions of Exhibit 2003 that
`are cited in Patent Owner’s Response.
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`For at least these reasons, Petitioner objects to Exhibits 2001 and 2003.
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`Petitioner reserves the right to move to exclude Exhibits 2001 and 2003.
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`Case No. IPR2020-01523
`Attorney Docket: 50095-0002IP1
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`Respectfully submitted,
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`/Dan Smith/
`W. Karl Renner, Reg. No. 41,265
`Dan Smith, Reg. No. 71,278
`Kim Leung, Reg. No. 64,399
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5553
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`Dated August 4, 2021
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`Case No. IPR2020-01523
`Attorney Docket: 50095-0002IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq., the undersigned certifies that on
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`August 4, 2021, a complete and entire copy of this Petitioner’s Objections to
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`Evidence was provided by electronic mail to the Patent Owner by serving the
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`correspondence e-mail address of record as follows:
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`Joseph R. Re
`Stephen W. Larson
`Jarom D. Kesler
`Jacob L. Peterson
`Knobbe, Martens, Olson, & Bear, LLP
`2040 Main St., 14th Floor
`Irvine, CA 92614
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`Email: AppleIPR2020-1523-703@knobbe.com
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`/Diana Bradley/
`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
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