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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`APPLE INC.
`Petitioner
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`v.
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`IMMERVISION, INC.
`Patent Owner
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`_________________
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`Case IPR2023-00471
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`Patent No. 6,844,990
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`_________________
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
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`Case No.: IPR2023-00471
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`
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`Docket No.: 688266-140IPR
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner submits the following
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`objections to certain evidence submitted with the Petition. These objections are
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`timely filed within ten business days of the Board’s July 11, 2023 decision to
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`institute trial in this proceeding.
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`Patent Owner reserves the right to present further objections to these or
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`additional evidence submitted by Petitioner, as allowed by the applicable rules or
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`other authority.
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`Exhibit 1007
`Patent Owner objects to Exhibit 1007 under at least Federal Rule of
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`Evidence (“FRE”) 901, due to insufficient evidence to support a finding that
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`Exhibit 1007 is what Petitioner claims it is. In particular, Exhibit 1007 appears to
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`have been excerpted from a larger compilation (based on surrounding text,
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`apparent page numbering of 1060 and 1061, and a “Vol. 54” designation) which is
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`not identified at all in Exhibit 1007 itself nor in the Petition or the accompanying
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`declaration of its expert, David Kessler (Ex. 1003). Petitioner has not provided
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`any evidence or testimony to properly authenticate Exhibit 1007.
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`Exhibit 1013
`Patent Owner objects to Exhibit 1013 under at least FRE 901, due to
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`insufficient evidence to support a finding that Exhibit 1007 is what Petitioner
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`claims it is. The Petition alleges that Exhibit 1013 comes from “1992 IBC
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`1
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`Case No.: IPR2023-00471
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`Docket No.: 688266-140IPR
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`International Broadcasting Convention,” (Petition at iii). However, Exhibit 1013
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`contains no text or other identifying information to verify such a source. Exhibit
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`1013 contains no date information, aside from a June 2, 2022 download date.
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`Petitioner has not provided any evidence or testimony to properly authenticate
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`Exhibit 1013.
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`Exhibit 1003
`Patent Owner objects to Exhibit 1003 as inadmissible at least to the extent it
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`relies on Exhibits 1007 and 1013, to which Patent Owner objects above.
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`Date: July 25, 2023
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`Respectfully submitted,
`By:
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`/Stephen E. Murray/
`Stephen E. Murray, Reg. No. 63,206
`Keith A. Jones, Reg. No. 67,781
`PANITCH SCHWARZE BELISARIO & NADEL LLP
`Two Commerce Square
`2001 Market Street, Suite 2800
`Philadelphia, Pennsylvania 19103
`(215) 965-1330
`(215) 965-1331 (Fax)
`smurray@panitchlaw.com (E-Mail)
`kjones@panitchlaw.com (E-Mail)
`
`John D. Simmons, Reg. No. 52,225
`Dennis J. Butler, Reg. No. 51,519
`PANITCH SCHWARZE BELISARIO & NADEL LLP
`Wells Fargo Tower
`2200 Concord Pike, Suite 201
`Wilmington, DE 19803
`(302) 394-6030
`(302) 394-6031 (Fax)
`jsimmons@panitchlaw.com (E-mail)
`dbutler@panitchlaw.com (E-mail)
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`2
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`Case No.: IPR2023-00471
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`Docket No.: 688266-140IPR
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`CERTIFICATE OF SERVICE UNDER 37 CFR § 42.6(e)
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`I hereby certify that a true copy of the foregoing PATENT OWNER’S
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`OBJECTIONS TO PETITIONER’S EVIDENCE has been served in its entirety
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`this 25th day of July 2023, by electronic mail on Petitioner’s lead and back-up
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`counsel, as follows:
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`W. Karl Renner
`Karan Jhurani
`David Holt
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`IPR50095-0114IP1@fr.com
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`/Stephen E. Murray/
`Stephen E. Murray
`Registration No. 63,206
`Attorney for ImmerVision, Inc.
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