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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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`APPLIED MATERIALS, INC.,
`Petitioner,
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`v.
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`DEMARAY LLC,
`Patent Owner.
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`_________________
`
`Case IPR2021-00103
`Patent 7,544,276 B2
`_________________
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`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EXHIBITS
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`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner submits the following
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`IPR2021-00103
`U.S. Patent No. 7,544,276
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`
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`objections to exhibits served by Patent Owner on September 1, 2021.1 Petitioner’s
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`objections apply equally to Patent Owner’s reliance on the exhibits in any
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`subsequently-filed documents. These objections are timely, having been served
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`within five business days of service of evidence to which the objections are directed.
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`37 C.F.R. § 42.64(b)(1).
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`Exhibits 2009, 2012-2015, 2019, 2020, and 2024-2027
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`Petitioner objects to Exhibits 2009, 2012-2015, 2019, 2020, and 2024-2027
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`under Rule 401 of the Federal Rules of Evidence (FRE) for lack of relevance,
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`under FRE 901 and 902 for lack of authentication, and under FRE 801 and 802 to
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`the extent that Patent Owner relies on out-of-court statements described in those
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`exhibits for their truth, constituting impermissible hearsay.
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`1 Petitioner reserves the right to seek leave from the Board to strike arguments in
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`the Patent Owner Response and any subsequent briefs incorporated by reference
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`from the exhibits that are objected to herein and any other exhibits.
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`1
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`Exhibits 2009, 2012-2015, 2019, 2020, 2023, and 2027
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`IPR2021-00103
`U.S. Patent No. 7,544,276
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`Petitioner objects to Exhibits 2009, 2012-2015, 2019, 2020, 2023, and 2027
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`under FRE 106 for being incomplete and includes only a select portion of a larger
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`document that in fairness should be considered along with this document, and
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`under FRE 1001-1003 for including, e.g., handwritings and/or markings, some of
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`which are illegible and/or to the extent tampered with and/or added/modified at
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`unknown time(s) by unknown person(s).
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`Exhibits 2019 and 2020
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`Petitioner objects to Exhibits 2019 and 2020 under FRE 701 to the extent
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`they offer improper lay witness opinion testimony and under FRE 602 to the extent
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`the witnesses provides testimony on factual issues beyond their personal
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`knowledge.
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`Exhibit 2023
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`Petitioner objects to Exhibit 2023 for failing to comply with
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`37 CFR § 42.63(b) that requires a translation of the document into English and an
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`affidavit attesting to the accuracy of the translation.
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`2
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`Exhibit 2009
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`IPR2021-00103
`U.S. Patent No. 7,544,276
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`Petitioner objects to Exhibit 2009 under FRE 702 for including improper
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`testimony by a purported expert witness and to the extent the witness provides
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`improper legal opinion and under FRE 602 to the extent the witness provides
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`testimony on factual issues beyond his personal knowledge.
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`Exhibits 2009, 2019, and 2020
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`Petitioner objects to Exhibits 2009, 2019, and 2020 to the extent they rely on
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`other exhibits that are objected to herein and based on those same reasons provided
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`for these other exhibits, and under 37 CFR § 42.24 to the extent they are used to
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`circumvent the word count limits of the Patent Owner Response and any
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`subsequent briefs.
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`Dated: September 9, 2021
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`Respectfully submitted,
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`By: /Joseph E. Palys/
`Joseph E. Palys (Reg. No. 46,508)
`Counsel for Petitioner Applied
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`3
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`IPR2021-00103
`U.S. Patent No. 7,544,276
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 9, 2021, a copy of the foregoing Petitioner’s
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`Objections to Patent Owner’s Exhibits was served by electronic means upon the
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`following:
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`hzhong@irell.com
`mwells@irell.com
`bhattenbach@irell.com
`dhuynh@irell.com
`DemarayIPRs@irell.com
`
`
`By: /Joseph E. Palys/
`Joseph E. Palys (Reg. No. 46,508)
`Counsel for Petitioner Applied
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`Dated: September 9, 2021
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