Filed: July 14, 2023
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
`and ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01004
`Patent 9,614,943
`____________
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`SUBMITTED BY PETITIONER
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
`and ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01004
`Patent 9,614,943
`____________
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`SUBMITTED BY PETITIONER
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner Smart Mobile Technologies
`
`LLC hereby objects to the following evidencefiled by Petitioner with Petitioner’s
`
`Reply to Patent Owner’s Response (Paper No. 29).
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`801-802! (Hearsay): This exhibit contains inadmissible hearsay
`1050
`cited for the truth of the statements contained therein. Petitioner
`hasidentified no applicable hearsay exception for the statements in
`the exhibit.
`
`
`
`
`
`Exhibit No.
`
`1048
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is whatit is purported
`to be.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is what it is purported
`to be.
`
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`1051
`
`‘FRE.
`
`
`
`
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`
`1052
`
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains admissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it may not bear on the
`patentat issue in this proceeding.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`1053
`
`1054
`
`
`
`
`
`
`
`1055
`
`1056
`
`1057
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify
`as priorart.
`
`
`
`
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`1058
`
`
`
`Exhibit No.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is whatit is purported
`to be.
`
`1059
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is whatit is purported
`to be.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a findingthat the exhibit is whatit is purported
`to be.
`
`
`
`
`
`Exhibit No.
`
`1060
`
`1061
`
`
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is what it is purported
`to be.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is whatit is purported
`to be.
`
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`
`
`
`
`
`
`
`1062
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is what it is purported
`to be.
`
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`1063
`
`1064
`
`
`
`
`
`1065
`
`1066
`
`1067
`
`
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, amongotherthings, it may not bear on the same
`issue as the patent before the Board in this proceeding.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`
`
`
`
`
`
`
`Exhibit No.
`1068
`
`1069
`
`1070
`
`1071
`
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`cited for the truth of the statements contained therein.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay
`
`
`
`Exhibit No.
`
`1072
`
`1073
`
`
`
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a findingthat the exhibit is whatit is purported
`to be.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`
`
`
`
`
`
`
`1074
`
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`hasidentified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`
`-10-
`
`1075
`
`1076
`
`1077
`
`
`
`
`
`Exhibit No.
`
`1078
`
`1079
`
`
`
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`801-802 (Hearsay): This exhibit contains inadmissible hearsay
`cited for the truth of the statements contained therein. Petitioner
`has identified no applicable hearsay exception for the statements in
`the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible becauseit is untimely and improper new argument
`not properly limited.
`FRE 801-802 (Hearsay): This exhibit contains inadmissible
`hearsay cited for the truth of the statements contained therein.
`Petitioner has identified no applicable hearsay exception for the
`statements in the exhibit.
`
`inadmissible as
`is
`401/402/403 (Relevancy): This exhibit
`irrelevant because, among other things, it has not been shown to
`qualify as priorart.
`
`901 (Authentication): This exhibit is inadmissible for lack of
`proper authentication. Petitioner has not presented evidence
`sufficient to support a finding that the exhibit is whatit is purported
`to be.
`
`is
`This exhibit
`(Untimely/Improper):
`37 C.F.R. 42.23(b)
`impermissible because it is untimely and improper new argument
`not properly limited.
`
`-|l-
`
`
`
`
`
`These objections have been timely filed and are being concurrently served on
`
`Petitioner.
`
`
`
`- 12 -
`
`
`
`Dated: July 14, 2023
`
`
`
`
`
`
`Respectfully Submitted,
`
`/Steven J. Udick/
`Steven J. Udick (Pro Hac Vice)
`Todd Martin (Reg. No. 78,642)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75021
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Patent Owner
`
`Rex Hwang (Reg. No. 56,206)
`SKIERMONT DERBY LLP
`633 West 5th Street, Suite 5800
`Los Angeles, CA 90071
`P: 213-788-4500/F: 213-788-4545
`Lead Counsel for Patent Owner
`
`Philip J. Graves (Pro Hac Vice)
`Greer N. Shaw (Pro Hac Vice)
`GRAVES & SHAW LLP
`355 S. Grand Ave., Suite 2450
`Los Angeles, CA 90071
`Tel: (213) 214-5101
`Back-Up Counsel for Patent Owner
`
`- 13 -
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
`
`counsel for Petitioners a true and correct copy of the foregoing Patent Owner’s
`
`Objections to Evidence Submitted by Petitioner, by electronic means on July 14,
`
`2023, by delivering a copy via electronic mail to the attorneys of record for the
`
`Petitioner as follows:
`
`W. Karl Renner
`IPR39843-0124IP1@fr.com
`
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`monaldo@fr.com
`in@fr.com
`spark@fr.com
`Aamir A. Kazi
`kazi@fr.com
`Axf-ptab@fr.com
`PTABInbound@fr.com
`
`
`Dated: July 14, 2023
`
`
`
`Andrew S. Ehmke
`Andy.ehmke.ipr@haynesboone.com
`Clint S. Wilkins
`Clint.wilkins.ipr@haynesboone.com
`
`Respectfully Submitted,
`
`/Steven J. Udick/
`Steven J. Udick (Pro Hac Vice)
`Counsel for Patent Owner
`
`
`
`
`
`
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