`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`DEXCOM, INC.,
`Petitioner,
`v.
`
`WAVEFORM TECHNOLOGIES, INC.
`Patent Owner.
`____________________
`Case IPR2016-01679; -01680
`U.S. Patent Nos. 7,146,202; 8,187,433
`_____________________
`
`PETITIONER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO EVIDENCE SERVED
`
`
`
`
`Case IPR2016-01679; -01680 for
`U.S. Patent Nos. 7,146,202; 8,187,433
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Dexcom, Inc. (“Dexcom”)
`
`
`
`files
`
`these objections
`
`to evidence served by Patent Owner WaveForm
`
`Technologies, Inc. (“WaveForm”) via e-mail on April 28, 2017. The 2 documents
`
`(the “Documents”) served by WaveForm are listed below in Schedule A. This
`
`notice is being timely filed within 5 business days of service of the Documents.
`
`All objections under FRE 801/802 (hearsay) and/or 37 C.F.R. § 42.61(c)
`
`(lack of affidavit to prove truth of data) apply to the extent Petitioner relies on the
`
`exhibits identified in connection with those objections for the truth of the matters
`
`asserted therein.
`
`1.
`
`Documents Listed in Schedule A
`FRE 401/402; 403
`
`Petitioner objects to the admissibility of the Documents pursuant to Federal
`
`Rules of Evidence (“FRE”) 401/402 (relevance) and 403 (probative value
`
`outweighed by prejudice, confusing of issues, wasting time). At present time, the
`
`Documents are not relevant to any arguments of record by either party in this
`
`proceeding.
`
`FRE 801/802; 37 C.F.R. § 42.61(c)
`
`Petitioner objects to the admissibility of the Documents pursuant to FRE
`
`801/802 (hearsay); 37 C.F.R. § 42.61(c) (lack of affidavit to prove truth of data).
`
`At the present time, Petitioner does not have any context for how the Documents
`
`
`
`
`
`
`will be used in this proceeding (e.g., the extent to which they will be used in an
`
`Case IPR2016-01679; -01680 for
`U.S. Patent Nos. 7,146,202; 8,187,433
`
`attempt establish the truth of a matter). Accordingly, the Documents are objected
`
`to as being potentially inadmissible under FRE 801/802; 37 C.F.R. § 42.61(c).
`
`FRE 901
`
`Petitioners object to the admissibility of the Documents pursuant to FRE 901
`
`(lack of authentication). WaveForm has not provided proper authentication (or
`
`stipulation of authentication) of the Documents. Accordingly, the Documents are
`
`objected to as being inadmissible under FRE 901.
`
`Respectfully submitted,
`
`
`
`/Matthew W. Johnson/
`
`Matthew W. Johnson (Reg. No. 59,108)
`
`Attorney for Petitioner Dexcom, Inc.
`
`
`
`Dated: May 5, 2017
`
`
`
`
`
`
`
`
`- 2 -
`
`
`
`Case IPR2016-01679; -01680 for
`U.S. Patent Nos. 7,146,202; 8,187,433
`
`Schedule A
`
`DEXCOM 623926
`
`DXCM Q4 2015 transcript.pdf
`
`
`
`
`
`- 3 -
`
`
`
`
`
`Case IPR2016-01679; -01680 for
`U.S. Patent Nos. 7,146,202; 8,187,433
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 5,
`
`2017, a complete and entire copy of PETITIONER’S OBJECTIONS UNDER
`
`37 C.F.R. § 42.64(B)(1) TO EVIDENCE SERVED has been served in its
`
`entirety by e-mail on the following counsel of record for Petitioner:
`
`
`Respectfully submitted,
`
`/Matthew W. Johnson/
`Matthew W. Johnson (Reg. No. 59,108)
`
`
`SEads@schwabe.com
`
`KBradley@schwabe.com
`
`NAldrich@schwabe.com
`
`
`
`
`
`Dated: May 5, 2017
`
`
`
`
`
`
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