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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`SAMSUNG ELECTRONICS CO., LTD, MICRON TECHNOLOGY, INC.,
`MICRON SEMICONDUCTOR PRODUCTS, INC., and
`MICRON TECHNOLOGY TEXAS LLC
`
`Petitioners,
`
`v.
`
`NETLIST, INC.,
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`Patent Owner.
`
`___________________
`
`Case No. IPR2022-009961
`Patent No. 11,016,918
`___________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
` 1
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` Micron Technology, Inc., Micron Semiconductor Products, Inc., and
`Micron Technology Texas LLC filed a motion for joinder and a petition in
`IPR2023-00406 and have been joined as petitioners in this proceeding.
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`
`
`Case No. IPR2022-00996
`Patent No. 11,016,918
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Netlist, Inc. (“Netlist”), submits the
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`following objections to evidence accompanying Petitioner’s Reply. These
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`objections are timely under 37 C.F.R. § 42.64(b)(1) because they are being filed
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`within five (5) business days of service of Petitioner's Reply evidence on June 20,
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`
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`2023.
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`I.
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`Objections to EX1077
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`Netlist objects to Exhibit 1077 as apparently being incomplete under Federal
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`Rule of Evidence (FRE) 106.
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`Netlist objects to Exhibit 1077 as hearsay, irrelevant, and lacking
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`foundation. Netlist objects to Exhibit 1077 as hearsay under FRE 801 to the extent
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`that Petitioner is attempting to use Exhibit 1077 as evidence to prove the truth of
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`the matters asserted therein. Netlist further objects to Exhibit 1077 because
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`Petitioner has not established the relevance of this exhibit under FRE 401 to any
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`material issues in this proceeding and any probative value would be substantially
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`outweighed by the danger of unfair prejudice, confusing the issues, undue delay,
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`and wasting time. Netlist further objects to Exhibit 1077 because it does not fall
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`within the categories of documents considered self-authenticating under FRE 902
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`and Petitioner has not produced evidence sufficient to support a finding that
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`Exhibit 1077 is what Petitioner says it is.
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`- 1 -
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`Case No. IPR2022-00996
`Patent No. 11,016,918
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`II. Objections to EX1078
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`
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`Netlist objects to Exhibit 1078 as hearsay, irrelevant, and lacking
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`foundation. Netlist objects to Exhibit 1078 as hearsay under FRE 801 to the extent
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`that Petitioner is attempting to use Exhibit 1078 as evidence to prove the truth of
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`the matters asserted therein. Netlist further objects to Exhibit 1078 because
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`Petitioner has not established the relevance of this exhibit under FRE 401 to any
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`material issues in this proceeding and any probative value would be substantially
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`outweighed by the danger of unfair prejudice, confusing the issues, undue delay,
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`and wasting time. Netlist further objects to Exhibit 1078 because it does not fall
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`within the categories of documents considered self-authenticating under FRE 902
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`and Petitioner has not produced evidence sufficient to support a finding that
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`Exhibit 1078 is what Petitioner says it is.
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`Netlist reserves the right to present further objections to these or additional
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`exhibits submitted by Petitioner, as allowed by the applicable rules or other
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`authority.
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`- 2 -
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`Case No. IPR2022-00996
`Patent No. 11,016,918
`
`Dated: June 26, 2023
`
`
`
`Respectfully submitted,
`/Jonathan Lindsay/
`H. Annita Zhong, Reg. No. 66,530
`Jonathan M. Lindsay, Reg. No. 45,810
`Jason Sheasby (pro hac vice)
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`Email: HZhong@irell.com
`Email: JSheasby@irell.com
`
`
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`- 3 -
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`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. section 42.6, that on June 26, 2023, a
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`complete copy of the PATENT OWNER'S OBJECTIONS TO EVIDENCE was
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`served upon the following, by ELECTRONIC MAIL:
`
`
`BAKER BOTTS L.L.P.
`Eliot D. Williams, Reg. No. 50,822
`Theodore W. Chandler, Reg. No. 50,319
`Ferenc Pazmandi, Reg. No. 66,216
`Aashish Kapadia, Reg. No. 78,844
`Brianna L. Potter, Reg. No. 76,748
`
`
`DLSamsungNetlistIPRs@BakerBotts.com
`
`
` /Susan M. Langworthy/
` Susan M. Langworthy
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