Filed April 27, 2021
`
`By:
`
`
`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)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2020-1714-765@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-01714
`Patent 10,631,765
`
`
`
`
`
`MASIMO OBJECTIONS TO ADMISSIBILITY OF APPLE EVIDENCE
`SUBMITTED BEFORE TRIAL INSTITUTION
`
`
`
`
`
`
`By:
`
`
`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)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2020-1714-765@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`IPR2020-01714
`Patent 10,631,765
`
`
`
`
`
`MASIMO OBJECTIONS TO ADMISSIBILITY OF APPLE EVIDENCE
`SUBMITTED BEFORE TRIAL INSTITUTION
`
`
`
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner Masimo Corporation objects
`
`as follows to the admissibility of evidence served with the initial Petition. Patent
`
`Owner reserves the right 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
`Exhibit 1003 - Declaration of
`Dr. Kenny
`
`Objections
`
`Masimo’s objections to Ex. 1003 are set forth
`below. To the extent Dr. Kenny’s declaration
`incorporates objectionable material in the cited
`paragraphs below in additional paragraphs or
`sections, Masimo’s objections apply with equal
`force to those additional paragraphs or sections.
`Incomplete, Irrelevant, Misleading (FRE 106,
`401, 403):
`incomplete, and
`¶¶21-22 are misleading,
`irrelevant because they lack support for the
`
`-1-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1001.
`
`¶41 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`¶44 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`¶49 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`¶51 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`incomplete, and
`¶¶57-60 are misleading,
`irrelevant because they lack support for the
`contentions for which
`they are cited and
`mischaracterize the teachings of Ex. 1001.
`
`incomplete, and
`¶¶62-72 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1012, 1017, 1018, 1019.
`
`¶¶73-75 are misleading,
`
`incomplete, and
`
`-2-
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`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1009.
`
`incomplete, and
`¶¶79-81 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1010.
`
`incomplete, and
`¶¶82-83 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1016.
`
`incomplete, and
`¶¶84-85 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1011.
`
`incomplete, and
`¶¶86-88 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1006.
`
`¶90 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`incomplete, and
`¶¶92-99 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008, 1009, 1012, 1024.
`
`
`-3-
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`
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`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`¶100 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1009, 1012.
`
`¶101 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1019.
`
`incomplete, and
`¶¶102-108 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1013, 1019, 1023.
`
`¶109 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1013.
`
`¶110 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1009, 1012.
`
`incomplete, and
`¶¶111-117 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1010,
`1012, 1020, 1021, 1022.
`
`¶118 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`
`-4-
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`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`teachings of Ex. 1012.
`
`¶126 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`incomplete, and
`¶¶129-130 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1009, 1012, 1013, 1019.
`
`incomplete, and
`¶¶133-135 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1009, 1012, 1013, 1017, 1018, 1019.
`
`incomplete, and
`¶¶137-138 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1012.
`
`incomplete, and
`¶¶141-143 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1012.
`
`incomplete, and
`¶¶145-150 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1010,
`
`-5-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`1012, 1020, 1021, 1022.
`
`incomplete, and
`¶¶152-155 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1010,
`1012, 1020, 1021, 1022.
`
`incomplete, and
`¶¶157-163 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1010, 1012, 1020, 1021, 1022, 1027.
`
`incomplete, and
`¶¶165-167 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1010,
`1012, 1020, 1021, 1022.
`
`¶169 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1009, 1012.
`
`¶171 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`incomplete, and
`¶¶172-173 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1009, 1012.
`
`-6-
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`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶¶175 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`which they are cited and they mischaracterize
`the teachings of Exs. 1006, 1012, 1013, 1019.
`
`¶179 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`¶181 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1009, 1012, 1017, 1018,
`1019.
`
`incomplete, and
`¶¶183-184 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1009, 1012, 1017, 1018, 1019.
`
`¶186 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1010, 1020.
`
`incomplete, and
`¶¶189-190 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1010, 1012.
`
`¶¶192-195 are misleading,
`
`incomplete, and
`
`-7-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1010, 1012, 1017, 1041.
`
`incomplete, and
`¶¶199-202 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1009, 1012, 1013, 1018.
`
`¶203 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`¶205 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`incomplete, and
`¶¶225-226 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1009,
`1012, 1016.
`
`¶228 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1012, 1016.
`
`incomplete, and
`¶¶229-230 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`
`-8-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`mischaracterize the teachings of Exs. 1010,
`1011, 1012, 1038.
`
`incomplete, and
`¶¶232-233 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1010,
`1011, 1012, 1018, 1020.
`
`incomplete, and
`¶¶234-237 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1012.
`
`¶239 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1012.
`
`Improper Testimony by Expert Witness
`(FRE 702):
`¶¶21-22 are not based on sufficient facts and
`data, and do not reliably apply facts and data
`using scientific principles.
`
`¶41 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶49 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶51 is not based on sufficient facts and data, and
`
`-9-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`does not reliably apply facts and data using
`scientific principles.
`
`¶58 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶60 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶92 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶93 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶97 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶98 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶99 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶100 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`-10-
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`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶101 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶105 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶106 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶107 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶108 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶109 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶113 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶117 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶126 is not based on sufficient facts and data,
`
`-11-
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`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`and does not reliably apply facts and data using
`scientific principles.
`
`¶127 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶129 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶134 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶137 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶142 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶146 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶150 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶158 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`-12-
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`
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`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶161 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶162 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶179 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶181 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶184 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶194 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶195 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶199 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶200 is not based on sufficient facts and data,
`
`-13-
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`
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`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`and does not reliably apply facts and data using
`scientific principles.
`
`¶202 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶205 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶225 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶226 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶227 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶228 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶229 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶230 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`-14-
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`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶234 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶235 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶236 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶237 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶238 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`Hearsay, Authenticity (FRE 802, 901):
`The exhibit includes out-of-court statements that
`are offered for the truth of the matter asserted
`and are asserted by a declarant who lacks
`personal knowledge.
`
`-15-
`
`Exhibit 1008 - Certified English
`Translation of Inokawa and
`Translator’s Declaration
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`Exhibit 1010 - Mendelson A
`Wearable Reflectance Pulse
`Oximeter for Remote
`Physiological Monitoring
`
`Exhibit 1020 - QuickSpecs HP
`iPAQ Pocket PC h4150 Series
`
`Objections
`
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity.
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity.
`
`-16-
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`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`Exhibit 1023 - Yao Stimulating
`Student Learning with a Novel
`In-House Pulse Oximeter
`Design
`
`Exhibit 1026 - US Pub. No.
`2007/0145255 Nishikawa
`
`Exhibit 1027 - National
`Instruments LabVIEW User
`Manual
`
`Objections
`
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity.
`Incomplete, Irrelevant, Misleading (FRE 106,
`401, 403):
`This document, as used by Petitioner, provides
`an incomplete and misleading characterization
`of the knowledge in the art as of the asserted
`date of the invention and therefore is irrelevant
`and confuses the issues in the case. In addition,
`this exhibit is not cited in or part of any ground.
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity.
`
`-17-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`Exhibit Number and
`Description
`Exhibit 1039 - Declaration of
`Jacob Robert Munford
`
`Exhibit 1043 - Certified English
`Translation of Tanagi and
`Translator’s Declaration
`
`
`
`Dated: April 27, 2021
`
`
`
`Objections
`
`Hearsay, Authenticity (FRE 802, 901):
`The exhibit includes out-of-court statements that
`are offered for the truth of the matter asserted
`and are asserted by a declarant who lacks
`personal knowledge.
`Hearsay, Authenticity (FRE 802, 901):
`The exhibit includes out-of-court statements that
`are offered for the truth of the matter asserted
`and are asserted by a declarant who lacks
`personal knowledge.
`
`Respectfully submitted,
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /Jacob L. Peterson/
`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)
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`-18-
`
`
`
`IPR2020-01714 – Patent 10,631,765
`Apple v. Masimo
`
`
`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 MASIMO OBJECTIONS TO
`
`ADMISSIBILITY OF APPLE EVIDENCE SUBMITTED BEFORE TRIAL
`
`INSTITUTION is being served electronically on April 27, 2021, to the e-mail
`
`addresses shown below:
`
`W. Karl Renner
`Andrew B. Patrick
`patrick@fr.com
`Usman A. Khan
`khan@fr.com
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR50095-0023IP1@fr.com
`PTABInbound@fr.com
`
`Dated: April 27, 2021
`
`
`
`
`
`
`34675376
`
`
`
`
`By: /Jacob L. Peterson/
`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)
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`
`
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