`Patent 8,842,653
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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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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioners
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`v.
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`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner
`____________
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`Case IPR2022-01248
`Patent 8,842,653
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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 Petitioners Samsung Electrics Co., LTD.,
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`Samsung Electronics America, Inc., and Apple, 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 1051
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`Under the Trial Practice Guide, the testimony in this exhibit is untimely
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`because it is relied upon to establish Petition’s case-in-chief and could have been
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`submitted with the Petition. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61,
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`this document includes testimony that is not shown to be based on first-hand
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`knowledge including of how relied-upon data was generated, is based on
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`speculation, and constitutes and contains inadmissible hearsay. Under FRE
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`401/402/403/702, this document includes testimony not relevant to the instituted
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`review, because, among other things, it has not been shown that the purportedly
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`expert declarant is qualified to testify competently regarding the matters the
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`opinions are said to address, or that the declarant’s testimony is based on sufficient
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`facts or data or arrived at by reliable principles, procedures, or methods reliably
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`applied to the facts of this case, or that the declarant’s opinion will assist the trier
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`of fact to understand the evidence or to determine any fact in issue and does not
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`have a greater potential to mislead than to enlighten. Under FRE 401/705 and 37
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`C.F.R. § 42.65, this document does not disclose underlying facts and data. Under
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`FRE 401/705 and 37 C.F.R. § 42.65, this document includes testimony on patent
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`law and practice.
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`2.
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`Exhibit 1052
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`Under the Trial Practice Guide, this exhibit is untimely because it is relied
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`upon to establish Petition’s case-in-chief and could have been submitted with the
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`Petition. Under FRE 401/402/403, the exhibit is also inadmissible as irrelevant
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`because, among other things, they do not form a basis of the instituted grounds,
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`and their probative values are outweighed by other considerations including
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`prejudice, confusion and waste of time.
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`3.
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`Exhibit 1053
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`Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it relates to another matter, a different patent, and
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`different petition, and its probative value, if any, is outweighed by other
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`considerations including prejudice, confusion and waste of time. Under FRE
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`106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. § 42.51(b)(1), this document
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`is incomplete and is not a copy which accurately reproduces the original.
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`4.
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`Exhibit 1055
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`Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it relates to another matter, a different patent, and
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`different petition, and its probative value, if any, 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 1056
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`Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it is improperly incorporated by reference, is not
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`relied upon or cited by Petitioner in its Petition or Reply, 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
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`801/802, to the extent this document is relied upon for the truth of the matter
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`asserted, this document constitutes and contains inadmissible hearsay. Under the
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`Trial Practice Guide, this exhibit is untimely because it is relied upon to establish
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`Petition’s case-in-chief and could have been submitted with the Petition.
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`6.
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`Exhibits 1058-1060
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`Under FRE 401/402/403, these documents are inadmissible as irrelevant
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`because, among other things, they are not shown to be contemporaneous with the
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`claimed priority date of the patent at issue, do not form a basis of the instituted
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`grounds, and their probative values are outweighed by other considerations
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`including prejudice, confusion and waste of time. Under FRE 901, these
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`documents are inadmissible because they have not been shown to be authenticated
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`or identified. Under FRE 801/802, to the extent these documents are relied upon
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`for the truth of the matter asserted, these documents constitute and contain
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`inadmissible hearsay. Under the Trial Practice Guide, these exhibits are untimely
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`because they are relied upon to establish Petition’s case-in-chief and could have
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`been submitted with the Petition.
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`7.
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`Exhibits 1061-1062
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`Under the Trial Practice Guide, these exhibits are untimely because they are
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`relied upon to establish Petition’s case-in-chief and could have been submitted
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`with the Petition.
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`8.
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`Exhibits 1063-1065
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`Under FRE 401/402/403, these documents are inadmissible as irrelevant
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`because, among other things, they are not relied upon or cited by Petitioner in its
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`Petition or Reply, they do not form a basis of the instituted grounds, and their
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`probative values are outweighed by other considerations including prejudice,
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`confusion and waste of time. Under the Trial Practice Guide, these exhibits are
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`untimely to the extent they are relied upon to establish Petition’s case-in-chief and
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`could have been submitted with the Petition.
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`9.
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`Exhibit 1066
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`Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it is not relied upon or cited by Petitioner in its
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`Petition or Reply, it does not form a basis of the instituted grounds, and its
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5),
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`and 37 C.F.R. § 42.51(b)(1), this document is incomplete and is not a copy which
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`accurately reproduces the original. Under the Trial Practice Guide, this exhibit is
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`untimely to the extent it is relied upon to establish Petition’s case-in-chief and
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`could have been submitted with the Petition.
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`10. Exhibits 1067-1069
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`Under FRE 401/402/403, these documents are inadmissible as irrelevant
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`because, among other things, they are not relied upon or cited by Petitioner in its
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`Petition or Reply, they do not form a basis of the instituted grounds, and their
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`probative values are outweighed by other considerations including prejudice,
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`confusion and waste of time. Under the Trial Practice Guide, these exhibits are
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`untimely to the extent they are relied upon to establish Petition’s case-in-chief and
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`could have been submitted with the Petition.
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`11. Exhibit 1070
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`Under FRE 401/402/403, this document is inadmissible as irrelevant
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`because, among other things, it relates to another matter, a different patent, and
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`different petition, and its probative value, if any, is outweighed by other
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`considerations including prejudice, confusion and waste of time. Under FRE
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`801/802, to the extent this document is relied upon for the truth of the matter
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`asserted, this document constitutes and contains inadmissible hearsay.
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`12. Exhibit 1071
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`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 J. Weatherwax /_________
`Kenneth J. Weatherwax, Reg. No. 54,528
`Lowenstein & Weatherwax LLP
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`Date: September 11, 2023
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`Case IPR2022-01248
`Patent 8,842,653
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were 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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`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
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`Sangki Park
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`Andrew S. Ehmke
`Clint S. Wilkins
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`IPR39843-0125IP1@fr.com
`jjm@fr.com
`in@fr.com
`spark@fr.com
`kazi@fr.com
`cgreen@fr.com
`axf-ptab@fr.com
`PTABInbound@fr.com
`andy.ehmke.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
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`Respectfully submitted,
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` / Robert Pistone /
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`Date: September 11, 2023
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