Paper No. 22
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`NETLIST, INC.,
`Patent Owner.
`
`Case IPR2022-00996
`Patent 11,016,918
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`SUBMITTED WITH PATENT OWNER’S RESPONSE
`
`

`

`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Samsung Electronics Co.,
`
`Ltd. (“Samsung”) objects to the following exhibits filed by Patent Owner Netlist,
`
`Inc. (“Netlist”) with its Response (Paper No. 21).
`
`Exhibit
`EX2030 – 2023-03-
`16 Deposition
`Transcript by Dr.
`Andrew Wolfe (with
`Errata)
`EX2031 –
`Declaration of Dr.
`William Henry
`Mangione-Smith
`
`Objection(s)
`Samsung objects to EX2030 for each of the reasons noted
`in the objections made during the taking of the underlying
`deposition.
`
`602/702/703: Patent Owner has not established that Dr.
`Mangione-Smith is an expert in the area of standardized
`DRAM and SDRAM memory devices and memory
`modules, and structure and operation of circuitry for
`computer memories at the relevant timeframe, and Patent
`Owner has not met its burden to show that his testimony
`on this issue is helpful to the Board and therefore
`admissible. See, e.g., EX2031, ¶¶ 5-8.
`
`801/802/901: Samsung further objects to EX2031 to the
`extent it cites to and incorporates evidence that has not
`been authenticated and/or incorporates hearsay. See, e.g.,
`EX2031, ¶¶ 33-34, 53, 59, 60, 65, 67, 72, 73, 82, 89-91,
`93, n.3, 95, 96, n.4, 98, 99, 102, 103, 110, 117, 122-125,
`128-130, 132-133, 150, 151.
`
`2
`
`

`

`Exhibit
`EX2035 – Netlist
`Presentation
`(excerpt)
`
`Objection(s)
`401-403: EX2035 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of the location of backup
`battery connections/connection to external voltage
`sources for DIMM (see POR at p. 5) but has failed to
`establish any connection to the disclosure of the ’918
`Patent. For example, the date on the face of this
`document is 2012, which is several years after the earliest
`possible relevant date for the claims of June 2, 2008.
`
`801/802/901/1002/1003: Samsung objects to EX2035 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`106: Samsung objects to EX2035 as only an excerpt was
`provided, and thus it is further misleading and/or
`confusing given that the context of the excerpt is not
`present and has not been made available to Petitioner’s
`counsel.
`
`3
`
`

`

`Exhibit
`EX2036 – AgigA
`Tech et al.,
`“NVDIMM Hands
`on Lab,” Flash
`Memory Summit
`2014 (Aug. 5-6,
`2014), downloaded
`from
`http://www.snia.org/
`sites/default/files/F
`MS%20NVDIMM%
`20Demo%20SIG%2
`0HOL%20Aug’14%
`20final.pdf
`
`EX2037 – Intel,
`Power Supply:
`Design Guide for
`Desktop Platform
`Form Factors, Rev.
`1.1 (March, 2007),
`downloaded from
`http://web.archive.or
`g/web/20100601215
`705/http://www.form
`factors.org/developer
`%5Cspecs%5CPSU_
`DG_rev_1_1.pdf
`
`Objection(s)
`401-403: EX2036 is dated 2014, and thus it is not
`relevant in light of the alleged priority date of either June
`1, 2007 or June 2, 2008. In any event, EX2036 is
`irrelevant, cumulative, misleading, or confusing, and its
`probative value, if any, is outweighed by prejudice.
`Patent Owner cites this exhibit in connection with a
`discussion of the location of backup battery
`connections/connection to external voltage sources for
`DIMM (see POR at p. 5) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2036 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`401-403: EX2037 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of regulated voltages (see
`POR at p. 6) but has failed to establish any connection to
`the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2037 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`4
`
`

`

`Exhibit
`EX2038 – Intel,
`ATX12V Power
`Supply Design
`Guide, Version 2.2
`(March 2005),
`downloaded from
`http://web.archive.or
`g/web/20070403181
`612/http://www.form
`factors.org/developer
`/specs/ATX12V_PS
`DG_2_2_public_br.p
`df
`
`Objection(s)
`401-403: EX2038 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with discussions of regulated voltages (see
`POR at p. 6, 31) but has failed to establish any connection
`to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2038 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`EX2039 – IDT,
`IDTAMB0480
`Product Brief
`(“Advanced Memory
`Buffer for Fully
`Buffered DIMM
`Modules”) (April
`2006), downloaded
`from
`http://pdf1.alldatashe
`et.com/datasheet-
`pdf/view/199557/ID
`T/IDTAMB0480.ht
`ml
`
`401-403: EX2039 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of identified data signals
`or address and control signals (see POR at p. 11) but has
`failed to establish any connection to the disclosure of
`the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2039 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`5
`
`

`

`Exhibit
`EX2040 – Ganesh,
`B. et al., Fully-
`Buffered DIMM
`Memory
`Architectures:
`Understanding
`Mechanisms,
`Overheads and
`Scaling, HPCA2007
`
`EX2041 – Chang, K.
`K. et al.,
`Understanding
`Reduced-Voltage
`Operation in
`Modern DRAM
`Chips:
`Characterization,
`Analysis, and
`Mechanisms,
`arXiv:1705.10292v1
`[cs.AR] (May 29,
`2017)
`
`Objection(s)
`401-403: EX2040 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of identified data signals
`or address and control signals (see POR at p. 12) but has
`failed to establish any connection to the disclosure of
`the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2040 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`401-403: EX2041 is dated 2017, and thus it is not
`relevant in light of the alleged priority date of either June
`1, 2007 or June 2, 2008. In any event, EX2041 is
`irrelevant, cumulative, misleading, or confusing, and its
`probative value, if any, is outweighed by prejudice.
`Patent Owner cites this exhibit in a footnote in connection
`with a discussion of operating voltages (see POR at p. 17,
`n.3) but has failed to establish any connection to the
`disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2041 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`6
`
`

`

`Objection(s)
`401-403: EX2042 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with discussions of buck converters and
`FBDIMM (see POR at p. 19, 20, 36), but has failed to
`establish any connection to the disclosure of the ’918
`Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2042 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`401-403: EX2043 is dated 2021, and thus it is not
`relevant in light of the alleged priority date of either June
`1, 2007 or June 2, 2008. In any event, EX2043 is
`irrelevant, cumulative, misleading, or confusing, and its
`probative value, if any, is outweighed by prejudice.
`Patent Owner cites this exhibit in connection with a
`discussion of obvious design choices in connection with
`generating VTT on module (see POR at p. 29) but has
`failed to establish any connection to the disclosure of
`the ’918 Patent.
`
`Exhibit
`EX2042 – Kingston
`Technology,
`KVR667D2D4F5/2G
`FBDIMM datasheet
`(4/14/06),
`downloaded from
`http://www.kingston.
`com/dataSheets/KV
`R667D2D4F5_2G.p
`df
`
`EX2043 – Samsung,
`Samsung Unveils
`New Power
`Management
`Solutions for DDR5
`Modules,
`downloaded from
`http://semiconductor.
`samsung.com/newsr
`oom/news/samsung-
`unveils-new-power-
`management-
`solutions-for-ddr5-
`modules/
`
`7
`
`

`

`Exhibit
`EX2044 – Micron,
`256MB, 512MB,
`1GB (x72, ECC, SR)
`240-Pin DDR2
`SDRAM RDIMM
`Features (2003),
`downloaded from
`http://media-
`www.micron.com/-
`/media/client/global/
`documents/products/
`data-
`sheet/modules/rdimm
`/htf9c32_64_128x72.
`pdf?rev=ca2587e210
`f14889ad6fe88e3511
`e938
`
`Objection(s)
`401-403: EX2044 is not dated other than a copyright date
`of 2003 without any hearsay exception, and thus it is
`unclear that it is relevant in light of the alleged priority
`date of either June 1, 2007 or June 2, 2008. In any event,
`EX2044 is irrelevant, cumulative, misleading, or
`confusing, and its probative value, if any, is outweighed
`by prejudice. Patent Owner cites this exhibit in
`connection with discussions of obvious design choices in
`connection with generating VTT on module (see POR at p.
`17, n.3, 29) but has failed to establish any connection to
`the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2044 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`8
`
`

`

`Exhibit
`EX2045 – Micron,
`1GB, 2GB, 4GB
`(x64, DR) 200-Pinn
`DDR2 SDRAM
`SODIMM Features
`(2008), downloaded
`from http://media-
`www.micron.com/-
`/media/cleint/global/
`documetns/products/
`data-
`sheet/modules/sodim
`m/htf16c128_256_5
`12x64hz.pdf?rev=2b
`5a707721a24f4faccc
`d8c86aaddfc7
`
`Objection(s)
`401-403: EX2045 is not dated other than a copyright date
`of 2008 without any hearsay exception, and thus it is
`unclear that it is relevant in light of the alleged priority
`date of either June 1, 2007 or June 2, 2008. In any event,
`EX2045 is irrelevant, cumulative, misleading, or
`confusing, and its probative value, if any, is outweighed
`by prejudice. Patent Owner cites this exhibit in
`connection with a discussion of obvious design choices in
`connection with generating VTT on module (see POR at p.
`29) but has failed to establish any connection to the
`disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2045 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`9
`
`

`

`Exhibit
`EX2046 – JEDEC
`Standard No. 21C,
`4.20.11 – 200-Pin
`DDR2 SDRAM
`Unbuffered SO-
`DIMM Design
`Specification, Rev.
`2.5 (Release 18)
`
`EX2047 – Smart
`Modular
`Technologies,
`SG5127FBD225652-
`SA FBDIMM
`Datasheet (March 20,
`2007), downloaded
`from
`http://datasheet.ciiva.
`com/8371/sg5127fbd
`225652-sa-
`8371204.pdf
`
`Objection(s)
`401-403: EX2046 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of obvious design choices
`in connection with generating VTT on module (see POR at
`p. 17, n.3, 29) but has failed to establish any connection
`to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2046 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`401-403: EX2047 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of buck converters and
`LDOs (see POR at p. 29-30) and FBDIMM’s total power
`(see POR at p. 62) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2047 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`10
`
`

`

`Exhibit
`EX2048 – Micron,
`240-Pin 1GB, 2GB
`DDR2 SDRAM
`FBDIMM (DR, FB
`x72) Features (2005),
`downloaded from
`http://datasheet.octop
`art.com/MT18HTF12
`872FDY-667B5E3-
`Micron-datasheet-
`20608.pdf
`
`EX2049 – Samsung
`Electronics, DDR2
`Fully Buffered
`DIMM, 240pin
`FBDIMMs based on
`1Gb C-Die, Rev.
`1.52 (April 2008),
`downloaded from
`http://www.compura
`m.biz/documents/dat
`asheet/143851ds_ddr
`2_1gb_c-die_based-
`fbdimm_rev152.pdf
`
`Objection(s)
`401-403: EX2048 is not dated other than a copyright date
`of 2005 without any hearsay exception, and thus it is
`unclear that it is relevant in light of the alleged priority
`date of either June 1, 2007 or June 2, 2008. In any event,
`EX2048 is irrelevant, cumulative, misleading, or
`confusing, and its probative value, if any, is outweighed
`by prejudice. Patent Owner cites this exhibit in
`connection with a discussion of buck converters and
`LDOs (see POR at p. 30) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2048 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`401-403: EX2049 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of buck converters and
`LDOs (see POR at p. 30) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2049 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`11
`
`

`

`Exhibit
`EX2050 – Texas
`Instruments,
`TPS51116 Datasheet
`(2008)
`
`Objection(s)
`401-403: EX2050 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of buck converters (see
`POR at p. 29, 62) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2050 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`EX2051 – Texas
`Instruments, Serial
`Presence Detect
`(1998), downloaded
`from
`http://www.ti.com/lit
`/pdf/smmu001
`
`401-403: EX2051 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of current levels for
`components using VDDSPD and buck converters (see POR
`at p. 31) but has failed to establish any connection to the
`disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2051 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`12
`
`

`

`Exhibit
`EX2052 –
`Mikhaylov, K.,
`Evaluation of Power
`Efficiency for
`Digital Serial
`Interfaces of
`Microcontrollers,
`2012 5th Int’l
`Conference on New
`Technologies,
`Mobility and
`Security (NTMS)
`
`EX2053 – Dell Perc
`H700 G5V20 SAS
`PCIe x8 RAID
`Controller 1 GB NV
`Cache Adapter
`(image)
`
`Objection(s)
`401-403: EX2052 is dated 2012, and thus it is not
`relevant in light of the alleged priority date of either June
`1, 2007 or June 2, 2008. In any event, EX2052 is
`irrelevant, cumulative, misleading, or confusing, and its
`probative value, if any, is outweighed by prejudice.
`Patent Owner cites this exhibit in connection with a
`discussion of current levels for components using VDDSPD
`and buck converters (see POR at p. 31) but has failed to
`establish any connection to the disclosure of the ’918
`Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2052 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`401-403: EX2053 is dated 2023, and thus it is unclear
`that it is relevant in light of the alleged priority date of
`either June 1, 2007 or June 2, 2008. In any event,
`EX2053 is irrelevant, cumulative, misleading, or
`confusing, and its probative value, if any, is outweighed
`by prejudice. Patent Owner cites this exhibit in
`connection with a discussion of PCI cards and memory
`modules (see POR at p. 47) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2053 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`13
`
`

`

`Exhibit
`EX2054 – “TI ATI
`unveils next-
`generation 3-A DDR
`termination
`regulator,”
`downloaded from
`http://www.electroni
`cproducts.com/ti-
`unveils-next-
`generation-3-a-ddr-
`termination-
`regulatorlinear-
`regulator-supports-
`ddr3-power-
`requirements-for/
`EX2055 – JEDEC,
`TG401_1, VR on
`DIMM TG Report
`(Dec. 2011)
`
`Objection(s)
`401-403: EX2054 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of buck converters and
`LDOs (see POR at p. 62) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2054 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`401-403: EX2055 is dated 2011, and thus it is unclear
`that it is relevant in light of the alleged priority date of
`either June 1, 2007 or June 2, 2008. In any event,
`EX2055 is irrelevant, cumulative, misleading, or
`confusing, and its probative value, if any, is outweighed
`by prejudice. Patent Owner cites this exhibit in
`connection with a discussion of buck converters and VTT
`(see POR at p. 28) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2055 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`14
`
`

`

`Objection(s)
`Samsung objects to EX2056 for each of the reasons noted
`in the objections during the taking of the underlying
`deposition.
`
`401-403/801-802: Samsung objects to EX2056 for
`lacking relevance and undue prejudice, and for being
`hearsay. See 37 C.F.R. § 42.62(a); Fed. R. Evid. 401-03,
`801-04. In particular, Netlist has failed to establish how a
`deposition from a different IPR involving different prior
`art combinations and a different patent with a different
`priority date and different claim language is relevant to
`the issues here, and why its probative value, if any, is not
`substantially outweighed by unfair prejudice, confusion
`of the issues, and wasting time. Netlist has also failed to
`establish how this transcript is admissible under the rule
`against hearsay. For example, Netlist has failed to show
`that Samsung had a “similar motive to develop [the
`deposition testimony with respect to issues relevant to
`this IPR] by direct, cross-, or redirect examination.” Fed.
`R. Evid. 804(b)(1)(B). Furthermore, the transcript is
`defective, and thus inadmissible, under 37 C.F.R.
`§ 42.53(f)(5)-(6).
`
`401-403: EX2057 is irrelevant because Patent Owner
`does not cite this exhibit in its Response or in any of the
`expert declarations.
`
`Exhibit
`EX2056 – 2023-01-
`04 Deposition
`Transcript by Dr.
`Andrew Wolfe
`
`EX2057 – Micron
`DDR5: Key Module
`Features,
`downloaded from
`http://media-
`www.micron.com/-
`/media/client/global/
`documetns/products/
`technical-marketing-
`brief/ddr5_key_mod
`ule_features_tech_br
`ief.pdf?la=zh-
`tw&rev=f3ca96bed7
`d9427ba72b4c192df
`acb56
`
`15
`
`

`

`Exhibit
`EX2058 – EPA,
`Report to Congress
`on Server and Data
`Center Energy
`Efficiency (Aug. 2,
`2007), downloadable
`from
`http://www.osti.gov/
`serlets/purl/9297723
`-4d6s1A/
`
`Objection(s)
`37 CFR § 42.6(a)(3): Samsung objects to EX2058 as
`improperly incorporating by reference arguments in the
`expert report into the papers. See 3M Company v.
`Evergreen Adhesives, Inc., No. 2020-1738 (Fed. Cir. June
`25, 2021) (stating that the Board was correct in excluding
`evidence offered by 3M’s expert since the reference to
`expert testimony was “an attempt to introduce argument
`by citation”). Patent Owner cites to a paragraph in the
`expert declaration that cites to EX2058 (EX2031 at ¶59)
`but does not cite to EX2058 directly (see POR p.5).
`
`401-403: EX2058 is irrelevant because Patent Owner
`does not cite this exhibit in its Response.
`
`801/802/901/1002/1003: Samsung objects to EX2058 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`16
`
`

`

`Exhibit
`EX2059 – Intel,
`Fully Buffered
`DIMM Server
`Memory
`Architecture:
`Capacity,
`Performance,
`Reliability and
`Longevity (Feb. 18,
`2004), downloaded
`from
`http://www.bestor.sp
`b.ru/v3/Content/pdf/
`OSA_S008_FB-
`DIMM-Arch.pdf
`
`Objection(s)
`37 CFR § 42.6(a)(3): Samsung objects to EX2058 as
`improperly incorporating by reference arguments in the
`expert report into the papers. See 3M Company v.
`Evergreen Adhesives, Inc., No. 2020-1738 (Fed. Cir. June
`25, 2021) (stating that the Board was correct in excluding
`evidence offered by 3M’s expert since the reference to
`expert testimony was “an attempt to introduce argument
`by citation”). Patent Owner cites to a paragraph in the
`expert declaration that cites to EX2058 (EX2031 at ¶96,
`n.4) but does not cite to EX2058 directly (see POR p.28).
`
`401-403: EX2059 is irrelevant because Patent Owner
`does not cite this exhibit in its Response.
`
`801/802/901/1002/1003: Samsung objects to EX2059 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`
`17
`
`

`

`Objection(s)
`Samsung objects to EX2101 for each of the reasons noted
`in the objections made during the taking of the related
`deposition.
`
`401-403: EX2101 is irrelevant, cumulative, misleading,
`or confusing, and its probative value, if any, is
`outweighed by prejudice. Patent Owner cites this exhibit
`in connection with a discussion of FBDIMM spacing (see
`POR at p. 12, 19, 36) but has failed to establish any
`connection to the disclosure of the ’918 Patent.
`
`801/802/901/1002/1003: Samsung objects to EX2101 for
`lacking authentication, lacking foundation, for containing
`hearsay, and/or causing undue prejudice. For example,
`Netlist has neither authenticated this exhibit, nor laid the
`foundation for any hearsay exception. Samsung further
`objects to this exhibit because Patent Owner has not
`shown that it is an original document or authentic
`duplicate.
`401-403: EX2102 is irrelevant because Patent Owner
`does not cite this exhibit in its Response or in any of the
`expert declarations.
`
`Exhibit
`EX2101 – Wolfe
`Deposition exhibit,
`FB-DIMM Design
`Considerations (Feb.
`18, 2004),
`downloaded from
`http://citeseerx.ist.ps
`u.edu/document?repi
`d=rep1&type=pdf&d
`oi=elc8e931ff9f54dc
`673973af4b1044dae
`c6883e8
`
`EX2102 – Wolfe
`Deposition exhibit,
`Linear Technology
`PCI Express Power
`and Mini Card
`Solutions
`
`18
`
`

`

`Dated: April 4, 2023
`
`/Eliot D. Williams/
`Eliot D. Williams, Reg. #50,822
`BAKER BOTTS L.L.P.
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`T: (650) 739-7511
`F: (650) 739-7611
`
`Theodore W. Chandler
`Reg. No. 50,319
`BAKER BOTTS L.L.P.
`1801 Century Park East, Suite 2400
`Los Angeles, CA 90067
`T: (213) 202-5702
`F: (213) 202-5732
`
`Ferenc Pazmandi
`Reg. No. 66,216
`BAKER BOTTS L.L.P.
`101 California Street, Suite 3200
`San Francisco, CA 94111
`T: (415) 291-6255
`F: (415) 291-6355
`
`Brianna L. Potter
`Reg. No. 76,748
`BAKER BOTTS L.L.P.
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`T: (650) 739-7556
`F: (650) 739-7656
`
`Counsel for Petitioner
`Samsung Electronics Co., Ltd.
`
`19
`
`

`

`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 4th day of April, 2023,
`
`Petitioner’s Objections to Patent Owner’s Evidence Submitted With Patent
`
`Owner’s Response was served by email on the following counsel for Patent
`
`Owner:
`
`Hong Annita Zhong (Reg. No. 66,530)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067
`Phone: (310) 277-1010
`Fax: (310) 203-7199
`Email: hzhong@irell.com
`NetlistIPR@irell.com
`
`Dated: April 4, 2023
`
`Jason Sheasby (not admitted)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067
`Phone: (310) 277-1010
`Fax: (310) 203-7199
`Email: jsheasby@irell.com
`
`/Eliot D. Williams/
`Eliot D. Williams, Reg. #50,822
`BAKER BOTTS L.L.P.
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`T: (650) 739-7511
`F: (650) 739-7611
`Counsel for Petitioner Samsung
`Electronics Co., Ltd.
`
`20
`
`