`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2022-01004
`Patent 9,614,943
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`Pursuant 37 C.F.R. § 42.64(b), Petitioner objects to evidence submitted by
`
`Patent Owner in its Patent Owner’s Response filed April 5, 2023. Specifically,
`
`Petitioner objects to the following exhibits submitted by Patent Owner on the bases
`
`noted below:
`
`Exhibit
`
`EX-2008
`Report ITU-R M.2038
`
`EX-2009
`Haas et al., The Design and
`Performance of Mobile TCP for
`Wireless Networks
`
`Objections
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`
`1
`
`
`
`EX-2010
`Havinga et al., Energy-Efficient
`Wireless Networking for
`Multimedia Applications
`
`EX-2011
`Gesbert et al., From Theory to
`Practice: An Overview of MIMO
`Space–Time Coded Wireless
`Systems
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`
`2
`
`
`
`EX-2012
`Satyanarayanan, Fundamental
`Challenges in Mobile Computing
`
`EX-2013
`Hassibi et al., High-Rate Codes
`That Are Linear in Space and Time
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`
`3
`
`
`
`EX-2014
`Molisch, MIMO systems with
`antenna selection – an overview
`
`EX-2015
`Yan, Mobile Digital Rights
`Management
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`
`4
`
`
`
`EX-2016
`Wang et al., Multiuser Spatio-
`Temporal Coding for Wireless
`Communications
`
`EX-2017
`Gaedke et al., Web Content
`Delivery to Heterogeneous Mobile
`Platforms
`
`
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`FRE 901 (Authentication): This exhibit
`is inadmissible for lack of proper
`authentication. Patent Owner has not
`presented evidence sufficient to support a
`finding that the exhibit is what it is
`purported to be.
`
`FRE 801-802 (Hearsay): This exhibit
`contains inadmissible hearsay cited for the
`truth of the statements contained therein.
`Patent Owner has identified no applicable
`hearsay exception for the statements in the
`exhibit.
`
`FRE 401/402/403 (Relevancy): This
`exhibit is inadmissible as irrelevant
`because, among other things, it has not
`been shown to qualify as prior art.
`
`5
`
`
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`These objections have been timely filed and are being concurrently served on
`
`Patent Owner.
`
`
`
`
`Dated April 12, 2023
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Jeremy J. Monaldo/
`Jeremy J. Monaldo, Reg. No. 58,680
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`6
`
`
`
`Proceeding No.: IPR2022-01004
`Attorney Docket: 39843-0128IP1
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e), the undersigned certifies that on April 12,
`
`2023, a complete and entire copy of this Petitioner’s Objections to Evidence was
`
`provided by email, to the Patent Owner, by serving the correspondence addresses
`
`of record as follows:
`
`Rex Hwang
`Todd Martin
`Steven J. Udick
`SKIERMONT DERBY LLP
`633 West 5th Street, Suite 5800
`Los Angeles, CA 90071
`
`Philip J. Graves
`Greer N. Shaw
`GRAVES & SHAW LLP
`355 S. Grand Ave., Suite 2450
`Los Angeles, CA 90071
`
`Email: rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`sudick@skiermontderby.com
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
`
`7
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
