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`Case IPR2022-00807
`Patent 9,756,168 B1
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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., SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
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`Case IPR2022-00807
`Patent 9,756,168 B1
`____________
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`PATENT OWNER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Patent Owner Smart Mobile Technologies, LLC hereby objects to the
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`following documents submitted by Petitioner Apple Inc., Samsung Electronics Co.,
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`Ltd., and Samsung Electronics America, Inc.
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`Nothing in this paper should be construed as an admission that any rights of
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`Patent Owner would have been waived or forfeited had the paper or any objection
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`herein not been filed, or that 37 C.F.R. § 42.64(b) applies to any of the objections
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`herein if § 42.64(b) would not otherwise apply. The objections herein are
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`premised upon § 42.64 potentially being determined to apply to the document in
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`question and are submitted solely to preserve the rights of Patent Owner should
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`§ 42.64(b) be determined to apply.
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`1.
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`Exhibit 1002
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. § 42.51(b)(1),
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`this document is incomplete and is not a copy which accurately reproduces the
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`original.
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`2.
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`Exhibit 1003
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`Under FRE 401/402/403/702, this document includes testimony not relevant
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`to the instituted review, because, among other things, it has not been shown that
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`the purportedly expert declarant is qualified to testify competently regarding the
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`matters the opinions are said to address, or that the declarant’s testimony is based
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`on sufficient facts or data or arrived at by reliable principles, procedures, or
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`methods reliably applied to the facts of this case, or that the declarant’s opinion
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`will assist the trier of fact to understand the evidence or to determine any fact in
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`issue and does not have a greater potential to mislead than to enlighten. Under
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`FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document includes testimony
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`that is not shown to be based on first-hand knowledge including of how relied-
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`upon data was generated, is based on speculation, and constitutes and contains
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`does not disclose underlying facts and data. Under FRE 401/705 and 37 C.F.R. §
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`42.65, this document includes testimony on patent law and practice.
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`3.
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`Exhibit 1013
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`4.
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`Exhibit 1014
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document does not
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`disclose underlying facts and data. Under FRE 401/402/403, this document is
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`inadmissible as irrelevant because, among other things, it does not form a basis of
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`the instituted grounds, and its probative value is outweighed by other
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`considerations including prejudice, confusion and waste of time.
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`5.
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`Exhibit 1015
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`6.
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`Exhibit 1016
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document does not
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`disclose underlying facts and data. Under FRE 401/402/403, this document is
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`inadmissible as irrelevant because, among other things, it does not form a basis of
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`the instituted grounds, and its probative value is outweighed by other
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`considerations including prejudice, confusion and waste of time.
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`7.
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`Exhibit 1017
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`8.
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`Exhibit 1018
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`9.
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`Exhibit 1019
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`10. Exhibit 1020
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`11. Exhibit 1021
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`12. Exhibit 1022
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`13. Exhibit 1023
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`14. Exhibit 1024
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`15. Exhibit 1025
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`16. Exhibit 1026
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`17. Exhibit 1027
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document does not
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`disclose underlying facts and data. Under FRE 401/402/403, this document is
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`inadmissible as irrelevant because, among other things, it does not form a basis of
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`the instituted grounds, and its probative value is outweighed by other
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`considerations including prejudice, confusion and waste of time. Under FRE 901,
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`this document is inadmissible because it has not been shown to be authenticated or
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`identified. The document is relied upon as evidence of prior art or of common
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`knowledge or understanding of persons in the art at the priority date at issue, but is
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`inadmissible because it has not been shown to qualify as prior art under, inter alia,
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`35 U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`18. Exhibit 1028
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document does not
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`disclose underlying facts and data. Under FRE 401/402/403, this document is
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`inadmissible as irrelevant because, among other things, it does not form a basis of
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`the instituted grounds, and its probative value is outweighed by other
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`considerations including prejudice, confusion and waste of time. Under FRE 901,
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`this document is inadmissible because it has not been shown to be authenticated or
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`identified. The document is relied upon as evidence of prior art or of common
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`knowledge or understanding of persons in the art at the priority date at issue, but is
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`inadmissible because it has not been shown to qualify as prior art under, inter alia,
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`35 U.S.C. § 311(b), and there is a lack of supporting documentation to demonstrate
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`common knowledge or understanding as of the priority date.
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`19. Exhibit 1029
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 801/802, this document constitutes
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`and contains inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65,
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`this document does not disclose underlying facts and data. Under FRE
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`401/402/403, this document is inadmissible as irrelevant because, among other
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`things, it does not form a basis of the instituted grounds, and its probative value is
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`outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, this document is inadmissible because it has not been
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`shown to be authenticated or identified. The document is relied upon as evidence
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`of prior art or of common knowledge or understanding of persons in the art at the
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`priority date at issue, but is inadmissible because it has not been shown to qualify
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`as prior art under, inter alia, 35 U.S.C. § 311(b), and there is a lack of supporting
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`documentation to demonstrate common knowledge or understanding as of the
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`priority date.
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`20. Exhibit 1030
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 801/802, this document constitutes
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`and contains inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65,
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`this document does not disclose underlying facts and data. Under FRE
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`401/402/403, this document is inadmissible as irrelevant because, among other
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`things, it does not form a basis of the instituted grounds, and its probative value is
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`outweighed by other considerations including prejudice, confusion and waste of
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`time. Under FRE 901, this document is inadmissible because it has not been
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`shown to be authenticated or identified. The document is relied upon as evidence
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`of prior art or of common knowledge or understanding of persons in the art at the
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`priority date at issue, but is inadmissible because it has not been shown to qualify
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`as prior art under, inter alia, 35 U.S.C. § 311(b), and there is a lack of supporting
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`documentation to demonstrate common knowledge or understanding as of the
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`priority date.
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`21. Exhibit 1031
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`Under FRE 801/802, this document constitutes and contains inadmissible
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`hearsay. Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it does not form a basis of the instituted grounds, and
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`its probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time.
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`Respectfully submitted,
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`____/ Kenneth Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
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`Date: November 8, 2022
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`Case IPR2022-00807
`Patent 9,756,168 B1
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following document was served by
`electronic service, by agreement between the parties, on the date signed below:
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`PATENT OWNER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`The names and address of the parties being served are as follows:
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`Andrew S. Ehmke
`Adam Fowles
`Samuel Drezdzon
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
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`andy.ehmke.ipr@haynesboone.com
`adam.fowles.ipr@haynesboone.com
`samuel.drezdzon.ipr@haynesboone.com
`axf-ptab@fr.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
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`Respectfully submitted,
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` / Robert Pistone /
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`Date: November 8, 2022
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