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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`APPLIED MATERIALS, INC., INTEL CORPORATION, AND SAMSUNG
`ELECS. CO., LTD.,
`Petitioner,
`
`v.
`
`DEMARAY LLC
`Patent Owner.
`
`
`___________________
`
`Case IPR2021-001041
`Patent No. 7,381,657
`___________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE FILED WITH
`PETITIONER’S REPLY PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`1 Intel Corporation has filed a petition in IPR2021-01031 and has been
`joined as a petitioner in this proceeding. Samsung Electronics has filed a petition in
`IPR2021-01091 and has also been joined as a petitioner in this proceeding.
`
`11045859
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`Case IPR2021-00104
`Patent No. 7,381,657
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Patent Owner hereby submits the following objections to certain
`
`exhibits submitted by Petitioner with its Reply Brief in IPR 2021-00104.
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`Exhibit 1090 (Pinnacle Plus+ 10kW (325-650 Vdc) DeviceNet, Single
`MDXL User, UHF Output User Manual, Pre-Release Version)
`Patent Owner objects to Ex. 1090 as not properly authenticated under
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`FRE 901 and 902. Ex. 1090 contains no identification of an author, a recipient,
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`or the genuineness of its contents, and is further unaccompanied by testimony
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`attesting to its authenticity. Patent Owner further objects to Ex. 1090 as
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`irrelevant under FRE 401 and unduly prejudicial under FRE 403, including
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`because it is presented as new evidence for an issue that should have been
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`discussed in the Petition. Patent Owner further objects to Ex. 1090 as
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`inadmissible hearsay under FRE 801 and 802 that does not fall within any
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`exceptions.
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`Exhibit 1100 (Martin Plonus, Electronics and Communications for
`Scientists and Engineers)
`Patent Owner objects to Ex. 1100 as not properly authenticated under
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`FRE 901 and 902. Ex. 1100 contains no identification of the genuineness of its
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`contents and is further unaccompanied by testimony attesting to its
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`authenticity. Patent Owner further objects to Ex. 1100 as irrelevant under FRE
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`401 and unduly prejudicial under FRE 403, including because it is presented as
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`new evidence for an issue that should have been discussed in the Petition.
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`Patent Owner further objects to Ex. 1100 as inadmissible hearsay under FRE
`
`Case IPR2021-00104
`Patent No. 7,381,657
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`801 and 802 that does not fall within any exceptions.
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`Exhibit 1108 (Rebuttal Declaration of Dr. Vivek Subramanian)
`Patent Owner objects to paragraphs 6-9, 14, 30-32, 35-36, 39-47, 49-50,
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`55 of Exhibit 1108 under FRE 401 and unduly prejudicial under FRE 403,
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`including because these paragraphs introduce new, untimely issues that should
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`have been discussed in the petition or beyond the scope of issues raised in
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`Patent Owner’s response, and are thus irrelevant. While Patent Owner believes
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`these paragraphs of Exhibit 1108 should be struck rather than excluded, Patent
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`Owner presents these objections to the extent the Board would prefer this issue
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`be presented in a motion to exclude. Patent Owner further objects to Exhibit
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`1108’s reliance on previously objected-to exhibits.
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`Exhibit 1114 (U.S. Patent No. 6,472,822)
`Patent Owner objects to Ex. 1114 as irrelevant under FRE 401 and
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`unduly prejudicial under FRE 403, including because it is presented as new
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`evidence for an issue that should have been discussed in the Petition.
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`Exhibit 1115 (U.S. Patent No. 6,673,724)
`Patent Owner objects to Ex. 1115 as irrelevant under FRE 401 and
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`unduly prejudicial under FRE 403, including because it is presented as new
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`evidence for an issue that should have been discussed in the Petition.
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`Dated: December 13, 2021
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`
`
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`Case IPR2021-00104
`Patent No. 7,381,657
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`Respectfully submitted,
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`Hong Zhong
`H. Annita Zhong, Reg. No. 66,530
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`CERTIFICATE OF SERVICE
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`Case IPR2021-00104
`Patent No. 7,381,657
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on December 13,
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`2021, a copy of the foregoing document PATENT OWNER’S OBJECTIONS TO
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`EVIDENCE FILED WITH PETITIONER’S REPLY PURSUANT TO 37
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`C.F.R. § 42.64(b)(1) was served, by electronic mail, as agreed to by the parties, upon
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`the following:
`
`PAUL HASTINGS LLP
`Naveen Modi, Reg. No. 46,224
`Joseph E. Palys, Reg. No. 46,508
`Howard Herr (pro hac admission to be requested)
`PH-Applied_Materials-Demaray-IPR@paulhastings.com
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David L. Cavanaugh, Reg. No. 36,476
`David.Cavanaugh@wilmerhale.com
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`Richard Goldenberg, Reg. No. 38,895
`Richard.Goldenberg@wilmerhale.com
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`Sonal N. Mehta (Pro Hac Vice to be requested)
`Sonal.Mehta@wilmerhale.com
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`Claire M. Specht (Pro Hac Vice to be requested)
`Claire.Specht@wilmerhale.com
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`Whinteldemarayservicelist@wilmerhale.com
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`DESMARAIS LLP
`cmaider@desmaraisllp.com
`Christopher R. O'Brien, Reg. No. 63,208
`cobrien@desmaraisllp.com
`Yung-Hoon Ha, Reg. 56,368
`yha@desmaraisllp.com
`SamsungDemarayIPRService@desmaraisllp.com
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`By: /Pia S. Kamath/
` Pia S. Kamath
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`11045859
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