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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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`APPLE INC.,
`Petitioner,
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`v.
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`MASIMO CORPORATION,
`Patent Owner
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`IPR2022-01291
`Patent 10,687,745
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits the following
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`Case IPR2022-01291
`Docket No. 50095-0045IP1
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`objections to evidence filed with Patent Owner’s Sur-reply of October 2, 2023.
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`Objections
`Evidence
`Exhibit 2100 Petitioner objects to the admissibility of Exhibit 2100 under
`FRE 702 and 703, because it contains opinions that are
`conclusory, do not disclose supporting facts or data, are based
`on unreliable facts, data, or methods, and/or include testimony
`outside the scope of Dr. Duckworth’s specialized knowledge (to
`the extent he has any such knowledge) that will not assist the
`trier of fact. For example, ¶¶ 9, 17, 19, 20, 23, 26, 28, 32, 33,
`48, 49, 64, and 69-71 of Dr. Duckworth’s declaration consist of
`a series of conclusory statements and arguments that are
`presented without citation to evidence of record.
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`Petitioner further objects to the admissibility of Exhibit 2100
`under FRE 702-703 and 802 because it includes statements that
`constitute inadmissible hearsay. For example, ¶¶ 32, 44, 51, 57,
`64, and 81-95 of Dr. Duckworth’s declaration include
`statements based on statements made outside of this
`proceeding. The statements are offered for the truth of the
`matter asserted, and the statements are not the product of
`reliable principles or methods.
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`For at least these reasons, Petitioner objects to Exhibit 2100 and reserves the
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`right to move to exclude this exhibit as inadmissible.
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`Case IPR2022-01291
`Docket No. 50095-0045IP1
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`Respectfully submitted,
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`/Nicholas W. Stephens/
`Nicholas Stephens, Reg. No. 74,320
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Attorney for Petitioner
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`Dated: 10/10/2023
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`Case IPR2022-01291
`Docket No. 50095-0045IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.8(b), the undersigned certifies that on October 10,
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`2023, a complete and entire copy of this Petitioner’s Objections to Evidence were
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`provided via email to the Patent Owner by serving the correspondence email
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`addresses of record as follows:
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`Brian C. Claassen (Reg. No. 63,051)
`Carol Pitzel Cruz (Reg. No. 61,224)
`Daniel C. Kiang (Reg. No. 79,631)
`Jeremiah S. Helm (Pro Hac Vice)
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
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`E-mail: AppleIPR745-1@knobbe.com
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`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`pacheco@fr.com
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