`U.S. Patent No. 8,671,132
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________
`
`
`MICROSOFT CORPORATION
`Petitioner
`
`
`v.
`
`
`DAEDALUS BLUE, LLC
`Patent Owner
`
`_________________________
`
`
`Case IPR2021-00831
`
`U.S. Patent No. 8,671,132
`Title: SYSTEM, METHOD, AND APPARATUS FOR POLICY-BASED DATA
`MANAGEMENT
`Filing Date: 03/14/2003
`Issue Date: 03/11/2014
`
`_________________________
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`
`DAEDALUS BLUE, LLC’S SECOND OBJECTIONS TO EVIDENCE
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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 22313-1450
`
`
`
`
`
`Case IPR2021-00831
`U.S. Patent No. 8,671,132
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`
`
`Patent Owner Daedalus Blue, LLC hereby serves objections to the evidence
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`submitted with Petitioner Microsoft Corporation’s reply. These objections are
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`timely served within five business days of the service of that evidence, which service
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`occurred on May 26, 2022.1
`
`Ex.
`
`1029
`
`Portion(s)
`Objected To
`All
`
`Basis for
`Objection
`FRE 802
`FRE 901
`
`1030
`
`All
`
`FRE 802
`FRE 901
`
`Grounds for Objection
`
`Exhibit 1029 is hearsay offered for the
`truth of the matters discussed therein,
`including the purported accessibility of
`the Tivoli reference as of the date
`alleged, and Microsoft did not establish
`that any hearsay objection applies.
`
`Microsoft did not produce adequate
`evidence sufficient to authenticate Ex.
`1029, i.e., support a finding that Ex.
`1029 is what Microsoft claims it is, and
`Ex. 1029 is not self-authenticating.
`Exhibit 1030 is hearsay offered for the
`truth of the matters discussed therein,
`and Microsoft did not establish that any
`hearsay objection applies.
`
`Microsoft did not produce adequate
`evidence sufficient to authenticate Ex.
`1030, i.e., support a finding that Ex.
`1030 is what Microsoft claims it is, and
`Ex. 1030 is not self-authenticating.
`
`
`1 May 30, 2022 was Memorial Day, a federal holiday.
`
`1
`
`
`
`Case IPR2021-00831
`U.S. Patent No. 8,671,132
`
`Ex.
`
`1031
`
`Portion(s)
`Objected To
`All
`
`
`
`Basis for
`Objection
`FRE 802
`FRE 901
`
`Grounds for Objection
`
`Exhibit 1031 is hearsay offered for the
`truth of the matters discussed therein,
`and Microsoft did not establish that any
`hearsay objection applies.
`
`Microsoft did not produce adequate
`evidence sufficient to authenticate Ex.
`1031, i.e., support a finding that Ex.
`1031 is what Microsoft claims it is, and
`Ex. 1031 is not self-authenticating.
`
`
`
`Dated: June 3, 2022
`
`Respectfully submitted,
`
`/kkm/
`Kevin K. McNish (Reg. No. 65,047)
`kkm-ptab@mcnishpllc.com
`MCNISH PLLC
`254 Commercial Street, Suite 245
`Portland, ME 04101
`Telephone: (207) 800-3400
`Fax: (207) 800-3401
`
`Lead Counsel for Patent Owner
`Daedalus Blue, LLC
`
`2
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`
`
`Case IPR2021-00831
`U.S. Patent No. 8,671,132
`
`
`
`CERTIFICATE OF SERVICE
`
`Under 37 C.F.R. § 42.6(e), the undersigned certifies that on June 3, 2022,
`complete copies of the foregoing and any accompanying papers and exhibits were
`served by filing them through PTAB E2E and sending them via electronic mail to
`counsel of record for Microsoft at the following addresses:
`
`Don Daybell (Reg. No. 50,877)
`D2DPTABDocket@orrick.com
`Orrick, Herrington & Sutcliffe LLP
`2050 Main Street, Suite 1100
`Irvine, CA 92614-8255
`T: 949-567-6700; F: 949-567-6710
`
`Jared Bobrow (pro hac vice)
`PTABDocketJ3B3@orrick.com
`Orrick, Herrington & Sutcliffe LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`T: 650-614-7400; F: 650-614-7401
`
`Microsoft-Daedalus_OHS_Only@orrick.com
`
`
`
`Dated: June 3, 2022
`
`Respectfully submitted,
`
`/kkm/
`Kevin K. McNish (Reg. No. 65,047)
`kkm-ptab@mcnishpllc.com
`MCNISH PLLC
`254 Commercial Street, Suite 245
`Portland, ME 04101
`Telephone: (207) 800-3400
`Fax: (207) 800-3401
`
`Lead Counsel for Patent Owner
`Daedalus Blue, LLC
`
`
`
`
`
`