Filed June 17, 2021
`
`By:
`
`On behalf of:
`Patent Owner Masimo Corporation
`Joseph R. Re (Reg. No. 31,291)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2021-0193-708@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`
`Patent Owner.
`
`
`
`
`
`
`
`IPR2021-00193
`Patent 10,299,708
`
`
`
`
`
`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)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2021-0193-708@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`
`Patent Owner.
`
`
`
`
`
`
`
`IPR2021-00193
`Patent 10,299,708
`
`
`
`
`
`MASIMO OBJECTIONS TO ADMISSIBILITY OF APPLE EVIDENCE
`SUBMITTED BEFORE TRIAL INSTITUTION
`
`
`
`
`
`IPR2021-00193 – Patent 10,299,708
`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 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):
`¶¶21-22 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`
`-1-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which they are cited and they mischaracterize the
`teachings of Ex. 1001.
`
`irrelevant
`incomplete, and
`is misleading,
`¶41
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1001.
`
`irrelevant
`incomplete, and
`is misleading,
`¶42
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1019.
`
`irrelevant
`incomplete, and
`is misleading,
`¶51
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1001.
`
`irrelevant
`incomplete, and
`is misleading,
`¶53
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1001, 1006.
`
`irrelevant
`incomplete, and
`is misleading,
`¶54
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶¶55-58 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`which they are cited and they mischaracterize the
`teachings of Ex. 1006.
`
`¶¶59-60 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`
`-2-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which they are cited and they mischaracterize the
`teachings of Ex. 1008.
`
`irrelevant
`incomplete, and
`is misleading,
`¶61
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1001, 1008.
`
`¶¶62-63 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`which they are cited and they mischaracterize the
`teachings of Ex. 1008.
`
`¶¶64-65 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, 1008, 1014.
`
`¶¶66-68 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`which they are cited and they mischaracterize the
`teachings of Exs. 1015, 1024, 1025.
`
`irrelevant
`incomplete, and
`is misleading,
`¶71
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1015, 1016.
`
`irrelevant
`incomplete, and
`is misleading,
`¶72
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1014, 1016, 1019.
`
`irrelevant
`incomplete, and
`is misleading,
`¶73
`because it lacks support for the contentions for
`
`-3-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`irrelevant
`incomplete, and
`is misleading,
`¶74
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`irrelevant
`incomplete, and
`is misleading,
`¶75
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1006, 1014, 1015.
`
`¶¶76-77 are misleading, incomplete, and irrelevant
`because they lack support for the contentions for
`which they are cited and they mischaracterize the
`teachings of Ex. 1006.
`
`¶¶79-81 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, 1015.
`
`¶¶82-89 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, 1008, 1009, 1023.
`
`¶¶90-91 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.
`
`irrelevant
`incomplete, and
`is misleading,
`¶92
`because it lacks support for the contentions for
`
`-4-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶¶93-94 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, 1008, 1009.
`
`¶¶95-96 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, 1008, 1018.
`
`¶¶97-98 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, 1008.
`
`¶¶99-100 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, 1008.
`
`and
`incomplete,
`are misleading,
`¶¶101-102
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1017.
`
`and
`incomplete,
`are misleading,
`¶¶103-105
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1008.
`
`¶106 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`
`-5-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which it is cited and mischaracterizes the teachings
`of Ex. 1008.
`
`¶107 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶108 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶109 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`and
`incomplete,
`are misleading,
`¶¶111-112
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1006.
`
`and
`incomplete,
`are misleading,
`¶¶113-114
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1006.
`
`¶115 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶120 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`
`-6-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`¶122 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1006.
`
`and
`incomplete,
`are misleading,
`¶¶124-126
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1014.
`
`and
`incomplete,
`are misleading,
`¶¶129-134
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1008,
`1016, 1022, 1029.
`
`and
`incomplete,
`are misleading,
`¶¶138-142
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1014, 1016,
`1019, 1021.
`
`¶143 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1019.
`
`and
`incomplete,
`are misleading,
`¶¶147-152
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1027,
`1028.
`
`-7-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶156 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1027.
`
`¶160 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1016.
`
`¶¶162-A to 162-C 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, 1030.
`
`¶163 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1001, 1015, 1016, 1024.
`
`and
`incomplete,
`are misleading,
`¶¶164-166
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1001, 1015,
`1016, 1024.
`
`and
`incomplete,
`are misleading,
`¶¶167-171
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006, 1015.
`
`and
`incomplete,
`are misleading,
`¶¶172-181
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`
`-8-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`mischaracterize the teachings of Exs. 1001, 1008,
`1015, 1023.
`
`and
`incomplete,
`are misleading,
`¶¶182-183
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1015, 1023.
`
`and
`incomplete,
`are misleading,
`¶¶184-186
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1015, 1025.
`
`¶187 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1008, 1015.
`
`¶188 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1008, 1015.
`
`¶189 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1008, 1015.
`
`¶190 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1008, 1015.
`
`incomplete,
`are misleading,
`¶¶191-192
`irrelevant because
`they
`lack support for
`
`and
`the
`
`-9-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1015, 1017,
`1023.
`
`¶193 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶194 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶195 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶196 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶197 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶198 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1008.
`
`¶200 is misleading, incomplete, and irrelevant
`
`-10-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`and
`incomplete,
`are misleading,
`¶¶201-202
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1015.
`
`¶203 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶207 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`¶209 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1015.
`
`and
`incomplete,
`are misleading,
`¶¶211-214
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1015, 1016,
`1029.
`
`¶215 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1016.
`
`
`-11-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`¶216 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Exs. 1015, 1016, 1022, 1029.
`
`and
`incomplete,
`are misleading,
`¶¶219-223
`the
`irrelevant because
`they
`lack support for
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1014, 1016,
`1019, 1020, 1021.
`
`¶224 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the teachings
`of Ex. 1019.
`
`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.
`
`¶¶41-42 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶51 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶75 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶77 is not based on sufficient facts and data, and
`
`-12-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`does not reliably apply facts and data using
`scientific principles.
`
`¶79 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶81-83 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶¶84-89 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶¶90-91 are not based on sufficient facts and data,
`and do 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.
`
`¶¶95-96 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶¶97-98 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶¶99-100 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`-13-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶¶101-102 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶¶103-105 are not based on sufficient facts and data,
`and do 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.
`
`¶¶111-112 are not based on sufficient facts and data,
`and do 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.
`
`¶115 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶120 is not based on sufficient facts and data, and
`
`-14-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶123-124 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶126 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶128-133 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶135 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶140 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.
`
`¶¶149-152 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶153 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`-15-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶162-A to 162-C are not based on sufficient facts
`and data, and do not reliably apply facts and data
`using scientific principles.
`
`¶163 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶166 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶168-169 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶171 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶173 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶175 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶177-181 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶183 is not based on sufficient facts and data, and
`
`-16-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`does not reliably apply facts and data using
`scientific principles.
`
`¶¶185-186 are not based on sufficient facts and data,
`and do not reliably apply facts and data using
`scientific principles.
`
`¶188 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶190 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶191 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶196 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶197 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶198 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, and
`does not reliably apply facts and data using
`scientific principles.
`
`-17-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`
`Objections
`
`
`¶201 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶203 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶209 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶211 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶213 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶221 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶223 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶224 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`-18-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`Exhibit 1008 - Certified
`English Translation of
`Inokawa and Translators
`Declaration
`
`Exhibit 1010 - US Pat. No.
`8,177,720 Nanba
`
`Exhibit 1016 - “A Wearable
`Reflectance Pulse Oximeter
`for Remote Physiological
`Monitoring” (“Mendelson-
`2006”)
`
`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.
`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
`
`-19-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`Exhibit 1018 - “Acrylic:
`Strong, stiff, clear plastic
`available in a variety of
`brilliant colors”
`
`Exhibit 1022 - QuickSpecs;
`HP iPAQ Pocket PC h4150
`Series
`
`Exhibit 1026 - Declaration
`of Jacob Munford
`
`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.
`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.
`
`-20-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`Apple Inc. v. Masimo Corporation
`
`Exhibit Number and
`Description
`Exhibit 1029 - Wikipedia:
`The Free Encyclopedia,
`“Universal asynchronous
`receiver-transmitter”
`
`
`
`Dated: June 17, 2021
`
`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
`
`Respectfully submitted,
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /Jacob L. Peterson/
`Joseph R. Re (Reg. No. 31,291)
`Jarom D. Kesler (Reg. No. 57,046)
`Stephen W. Larson (Reg. No. 69,133)
`Jacob L. Peterson (Reg. No. 65,096)
`Customer No. 64,735
`
`Attorneys for Patent Owner
`Masimo Corporation
`
`
`
`
`
`
`-21-
`
`
`
`IPR2021-00193 – Patent 10,299,708
`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 MASIMO OBJECTIONS TO
`
`ADMISSIBILITY OF APPLE EVIDENCE SUBMITTED BEFORE TRIAL
`
`INSTITUTION is being served electronically on June 17, 2021, to the e-mail
`
`addresses shown below:
`
`W. Karl Renner
`Roberto J. Devoto
`Hyun Jin In
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR50095-0009IP1@fr.com
`PTABInbound@fr.com
`devoto@fr.com
`in@fr.com
`
`By: /Jacob L. Peterson/
`Jacob L. Peterson (Reg. No. 65,096)
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`Dated: June 17, 2021
`
`
`
`35104775
`
`-22-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
