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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
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`v.
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`POLARIS INNOVATIONS LTD.,
`Patent Owner
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`Case IPR2016-01622
`Patent 6,850,414 B2
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`PATENT OWNER POLARIS INNOVATIONS LTD.’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 Polaris Innovations Ltd. hereby files objections to the
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`admissibility of the following documents served by Petitioner Kingston
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`Technology Company, Inc. on August 16, 2016 with its Petition for Inter Partes
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`Review.
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`Patent Owner objects, under FRE 402/403, to all references that do not form
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`the basis of the instituted reviews.
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`Patent Owner additionally objects, under FRE 402/403, to all portions of
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`Exhibit 1006 (Declaration of Vivek Subramanian) that do not directly relate to the
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`instituted reviews.
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`Patent Owner’s further objections to specific documents include, but are not
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`limited to:
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`1.
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`Exhibit 1006 (“Declaration of Vivek Subramanian”).
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`Exhibit 1006 is inadmissible to the extent it provides opinions that are
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`irrelevant under FRE 402, or that their probative value is substantially outweighed
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`by other consideration under FRE 403, including unfair prejudice, confusion of the
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`issue and waste of time. Patent Owner further objects to this Exhibit in its entirety,
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`and to each paragraph therein, as hearsay under FRE 802.
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`In addition to the above, Patent Owner’s objections to specific paragraphs
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`from Exhibit 1006 include, but are not limited to:
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`- 1 -
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`§ ¶¶ 33 – 36 are not admissible under FRE 402/403 because they
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`provide opinions relating to purported references that do not form the
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`basis of the instituted ground.
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`§ ¶¶ 37 – 41 are not admissible under FRE 402/403 to the extent that
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`they provide opinions based on Exhibit 1003 (Intel Specification),
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`which is not the basis of the instituted ground, and to the extent that
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`they provide opinions relating to modification of Exhibit 1002
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`(Simpson) beyond those opinions expressed with respect to the
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`instituted ground 1, obviousness in view of Simpson.
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`§ ¶¶ 73 – 99 are not admissible under FRE 402/403 because they
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`provide opinions relating to claims for which review was not
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`instituted.
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`§ ¶¶ 107 – 108 are not admissible under FRE 402/403 to the extent that
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`they express opinions relating to the combination of Simpson and
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`Intel Specification, for which review was not instituted.
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`§ ¶¶ 111 – 162 are not admissible under FRE 402/403 because they
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`provide opinions relating to grounds for which review was not
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`- 2 -
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`instituted.
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`2.
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`Exhibit 1003 (“Intel Specifications”).
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`Exhibit 1003 is inadmissible under FRE 402/403 because it is a purported
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`reference that does not form the basis of the instituted ground.
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`3.
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`Exhibit 1004 (“Gall”).
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`Exhibit 1004 is inadmissible under FRE 402/403 because it is a purported
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`reference that does not form the basis of the instituted ground.
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`4.
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`Exhibit 1005 (“PC133 SDRAM Specifications”).
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`Exhibit 1005 is inadmissible under FRE 402/403 because it is a purported
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`reference that does not form the stated basis of the instituted ground.
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`5.
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`Exhibit 1008 (“’183 Pat. File History”).
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`Exhibit 1008 is inadmissible under FRE 402/403 because it is a purported
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`reference that does not form the basis of the instituted ground.
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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: March 2, 2017
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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 POLARIS INNOVATIONS LTD.’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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`IPR37307-0007IP1@fr.com (David Hoffman)
`IPR@sjclawpc.com (Martha Hopkins)
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`Respectfully submitted,
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` / Parham Hendifar /
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`Date: March 2, 2017
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