`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`Joseph R. Re (Reg. No. 31,291)
`Stephen W. Larson (Reg. No. 69,133)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
`Joshua J. Stowell (Reg. No. 64,096)
`
`
`
`Filed: October 28, 2021
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2020-1523-703@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2020-01523
`U.S. Patent 8,457,703
`
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`IPR2020-01523
`Apple Inc. v. Masimo Corporation
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner Masimo Corporation objects
`
`as follows to the admissibility of evidence served with Petitioner’s Reply to Patent
`
`Owner’s Response. Patent Owner reserves its rights to: (1) timely file a motion to
`
`exclude these objectionable exhibits or portions thereof; (2) challenge the
`
`credibility and/or weight that should be afforded to these exhibits, whether or not
`
`Patent Owner files a motion to exclude the exhibits; (3) challenge the sufficiency
`
`of the evidence to meet Petitioner’s burden of proof on any issue, including,
`
`without limitation, whether Petitioner met its burden to prove the prior art status of
`
`the alleged prior art on which it relies, whether or not Patent Owner has objected
`
`to, or files a motion to exclude, the evidence; and (4) cross examine any Petitioner
`
`declarant within the scope of his or her direct testimony that relates to these
`
`exhibits, without regard to whether Patent Owner has objected to the testimony or
`
`related exhibits or whether the testimony or related exhibits are ultimately found to
`
`be inadmissible.
`
`
`Exhibit Number and
`Description
`Ex. 1038 – Single Exponential
`Smoothing, Engineering
`Statistics Handbook
`
`Objections
`
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity, Original (FRE 106, 401-403,
`802, 901, 1002):
`Masimo objects to the admissibility of the
`exhibit under FRE 106, 802, 901, and 1002
`because the exhibit is not complete, is hearsay
`not subject to an exception, has not been
`authenticated by a competent witness, and is not
`an original
`that can be examined
`for
`
`-1-
`
`
`
`IPR2020-01523
`Apple Inc. v. Masimo Corporation
`authentication purposes.
`
`
`
`the
`to
`objects
`Petitioner
`Additionally,
`admissibility of the document under FRE 401,
`402, and 403 because the exhibit is not relevant
`to any ground on which this IPR was instituted
`and, if admitted, the minimal probative value
`would be substantially outweighed by
`the
`danger of unfair prejudice, confusing the issues,
`undue delay, and wasting time.
`
`
`Improper Reply Evidence (37 CFR 42.23):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, do not reply to
`arguments made by Masimo. Accordingly, this
`document improperly introduces new evidence
`on reply.
`Masimo incorporates the real-time objections
`made by Masimo’s counsel in Ex. 1039, to the
`extent that such objections relate to the portions
`of Ex. 1039 that are cited in Petitioner’s Reply
`to Patent Owner’s Response.
`
`Respectfully submitted,
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`/Jacob L. Peterson/
`Jacob L. Peterson (Reg. No. 65,096)
`Customer No. 64,735
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`-2-
`
`Ex. 1039 – Madisetti Deposition
`Transcript Excerpts
`
`
`
`Dated: October 28, 2021
`
`
`
`
`
`
`
`IPR2020-01523
`Apple Inc. v. Masimo Corporation
`CERTIFICATE OF SERVICE
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER’S
`
`OBJECTIONS TO EVIDENCE is being served electronically on October 28,
`
`2021, to the e-mail addresses shown below:
`
`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
`Tel: 202-783-5070
`Fax: 877-769-7945
`Email: IPR50095-0002IP1@fr.com
`Email: PTABInbound@fr.com; axf-ptab@fr.com; dsmith@fr.com;
`leung@fr.com
`
`/Jacob L. Peterson/
`Jacob L. Peterson (Reg. No. 65,096)
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`54472239
`
`Dated: October 28, 2021
`
`
`
`-3-
`
`
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