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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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`FITBIT, INC.,
`Petitioner
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`v.
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`PHILIPS NORTH AMERICA LLC
`Patent Owner
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`_____________________
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`Case No. IPR2020-00783
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`Patent No. 7,088,233
`_________________
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`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Fitbit, Inc. (“Petitioner”)
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`Case IPR2020-00783
`Patent No. 7,088,233
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`
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`submits the following objections to certain exhibits submitted by Patent Owner
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`with its Patent Owner Response (Paper 17). Petitioner’s objections apply equally
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`to Patent Owner’s reliance on these exhibits in any subsequently-filed documents.
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`These objections are timely, having been filed within five business days of the
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`filing date of the Patent Owner Response.
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`Exhibit 2033
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`Petitioner objects to Exhibit 2033, identified by Patent Owner as “John Blau,
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`Computerworld, “Nokia’s ultra-low-power Wibree joins Bluetooth,” 12 June 2007,
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`https://www.computerworld.com/article/2541926/nokia-s-ultralow-power-wibree-
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`joins-bluetooth.html,” under Rule 802 of the Federal Rules of Evidence because it
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`constitutes inadmissible hearsay. Petitioner further objects to Exhibit 2033
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`because it lacks the necessary authentication. Petitioner also objects to Exhibit
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`2033 under Rules 401-403 of the Federal Rules of Evidence because it is not
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`relevant.
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`Exhibit 2035
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`Petitioner objects to Exhibit 2035, identified by Patent Owner as “Paul
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`Kallendar, “Citizen to commercialize IBM’s wristwatch computer,” EE Times,
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`October
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`11,
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`2001,
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`https://www.eetimes.com/citizen-to-commercialize-
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`ibmswristwatch-computer/,” under Rule 802 of the Federal Rules of Evidence
`1
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`because it constitutes inadmissible hearsay. Petitioner further objects to Exhibit
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`Case IPR2020-00783
`Patent No. 7,088,233
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`2035 because it lacks the necessary authentication. Petitioner also objects to
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`Exhibit 2035 under Rules 401-403 of the Federal Rules of Evidence because it is
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`not relevant.
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`
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`Dated: January 26, 2021
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
` Counsel for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2020-00783
`Patent No. 7,088,233
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`I hereby certify that on this 26th day of January 2021, a copy of the
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`foregoing Petitioner’s Objections to Patent Owner’s Exhibits was served by
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`electronic mail upon the following:
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`GBeck@foley.com
`EThompson@foley.com
`RRodrigues@foley.com
`PhilipsIPRs@foley.com
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`Dated: January 26, 2021
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`Respectfully submitted,
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` / Joseph E. Palys /
`Joseph E. Palys
`Registration No. 46,508
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`
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`Counsel for Petitioner
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`
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