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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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`APPLE INC.,
`Petitioner,
`
`v.
`
`LOGANTREE LP,
`Patent Owner.
`____________
`
`Case IPR2022-00040
`Patent No. 6,059,576
`____________
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`Case No. IPR2022-00040
`Attorney Docket: 50095-0041IP2
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits the following
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`objections to evidence filed with Patent Owner’s Response of December 6, 2022.
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`Evidence
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`Exhibit 2001
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`Objections
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`Petitioner objects to the admissibility of Exhibit 2001 under
`FRE 702 and 703, because it contains opinions that are
`conclusory, do not disclose supporting facts or data, are
`based on unreliable facts, data, or methods, and/or include
`testimony outside the scope of Dr. Madisetti’s specialized
`knowledge (to the extent he has any such knowledge) that
`will not assist the trier of fact.
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`For example, ¶¶ 45-58 and 60 of Dr. Madisetti’s declaration
`consist of a series of conclusory statements and arguments
`that are presented without citation to evidence. Dr.
`Madisetti’s failure to disclose the underlying facts or data
`upon which his opinions are based (to the extent any such
`facts or data exist) renders his opinions unreliable.
`
`Petitioner also objects to Exhibit 2001 as containing
`opinions that are irrelevant, confusing, and presenting the
`danger of unfair prejudice under FRE 401, 402, and 403.
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`For example, at ¶ 36 of his declaration, Dr. Madisetti
`presents a “created” figure that he characterizes as being “a
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`1
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`Case No. IPR2022-00040
`Attorney Docket: 50095-0041IP2
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`version of Figure 4” of the ’576 patent “that is useful in
`interpreting the claims and the prior art of record by a
`person of ordinary skill in the art (‘POSITA’).” At ¶¶ 37-
`40, Dr. Madisetti proceeds to suggest, without citation to
`the ’576 patent itself, that the ’576 patent’s independent
`claim 1 requires various features that are illustrated in Dr.
`Madisetti’s “created…version of Figure 4,” but that are
`nowhere shown in Figure 4 itself. Dr. Madisetti’s created
`figure is irrelevant, and Dr. Madisetti’s reliance on his own
`created figure for claim interpretation presents a danger of
`confusion and unfair prejudice.
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`For at least these reasons, Petitioner objects to Exhibit 2001, and reserves
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`the right to move to exclude that Exhibit.
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`Dated: December 13, 2022
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`Respectfully submitted,
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`
` /Usman Khan/
`W. Karl Renner, Reg. No. 41,265
`Andrew B. Patrick, Reg. No. 63,471
`Kim Leung, Reg. No. 64,399
`Usman Khan, Reg. No. 70,439
`Fish & Richardson P.C.
`60 South Sixth Street. Suite 3200
`Minneapolis, MN 55402
`T: 202-783-5553
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`2
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`Case No. IPR2022-00040
`Attorney Docket: 50095-0041IP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq., the undersigned certifies that on
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`December 13, 2022, a complete and entire copy of this Petitioner’s Objections to
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`Evidence was provided by electronic mail to the Patent Owner by serving the
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`correspondence e-mail address of record as follows:
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`David E. Warden, dwarden@azalaw.com
`Jason McManis, jmcmanis@azalaw.com
`Colin Phillips, cphillips@azalaw.com
`jeffrey.wright@azalaw.com
`
`AHMAD, ZAVITSANOS & MENSING P.C.
`1221 McKinney, Suite 3460
`Houston, TX 77010
`(713) 655-1101 (Reception)
`(713) 655-0062 (Facsimile)
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`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(617) 956-5938
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`3
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