UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MILTENYI BIOMEDICINE GmbH and MILTENYI BIOTEC INC.
`Petitioner
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
`Patent Owner
`
`IPR Trial No. IPR2022-00855
`U.S. Patent No. 9,540,445
`Issue Date: January 10, 2017
`
`Title: Compositions and Methods for Treatment of Cancer
`
`PETITIONER’S OBJECTIONS TO EVIDENCE SUBMITTED WITH
`PATENT OWNER’S RESPONSE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MILTENYI BIOMEDICINE GmbH and MILTENYI BIOTEC INC.
`Petitioner
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
`Patent Owner
`
`IPR Trial No. IPR2022-00855
`U.S. Patent No. 9,540,445
`Issue Date: January 10, 2017
`
`Title: Compositions and Methods for Treatment of Cancer
`
`PETITIONER’S OBJECTIONS TO EVIDENCE SUBMITTED WITH
`PATENT OWNER’S RESPONSE
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`Miltenyi Biomedicine GmbH and Miltenyi Biotec Inc. (“Petitioner”)
`submits the following objections to the admissibility of evidence filed and served
`by Trustees of the University of Pennsylvania (“Patent Owner”) accompanying
`their Patent Owner Response for Inter Partes Review. See 37 C.F.R. § 42.64.
`
`Exhibit
`Ex. 2001
`
`Objections
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this
`exhibit would have been readily accessible to those skilled in
`the art. Patent Owner has not shown that this exhibit is relevant
`to any question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient
`to support a finding that the item is what Patent Owner claims
`it is. Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`Ex. 2002
`
`Ex. 2003
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`Ex. 2004
`
`Ex. 2005
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`Ex. 2006
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`Ex. 2007
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this
`exhibit would have been readily accessible to those skilled in
`the art. Patent Owner has not shown that this exhibit is relevant
`to any question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`
`Ex. 2008
`
`Ex. 2009
`
`Ex. 2010
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`Ex. 2011
`
`Ex. 2012
`
`Ex. 2013
`
`Ex. 2015
`
`Ex. 2016
`
`
`
`Ex. 2017
`
`Ex. 2018
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`
`
`
`Ex. 2020
`
`Ex. 2021
`
`IPR2022-00855
`Patent No. 9,540,445
`
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`
`
`Ex. 2022
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`Ex. 2023
`
`Ex. 2024
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 106: The exhibit is incomplete, and in fairness, it ought to
`be considered at the same time as the remaining portion.
`FRE 106: The exhibit is incomplete, and in fairness, it ought to
`be considered at the same time as the remaining portion.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`Ex. 2025
`
`Ex. 2026
`
`Ex. 2027
`
`Ex. 2028
`
`
`
`Ex. 2029
`
`Ex. 2030
`
`Ex. 2031
`
`Ex. 2032
`
`Ex. 2033
`
`Ex. 2034
`
`Ex. 2035
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 106: The exhibit is incomplete, and in fairness, it ought to
`be considered at the same time as the remaining portion.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`
`Ex. 2036
`
`Ex. 2037
`
`Ex. 2038
`
`Ex. 2039
`
`
`
`Ex. 2040
`
`Ex. 2041
`
`Ex. 2043
`
`IPR2022-00855
`Patent No. 9,540,445
`
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`
`
`
`Ex. 2044
`
`IPR2022-00855
`Patent No. 9,540,445
`
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 401 and 402: For paragraphs not cited in the Response or
`cited only as part of an extended string cite, the exhibit is not
`relevant, the exhibit is not relevant to any ground upon which
`trial was instituted.
`
`FRE 106, 401, 402, and 403: The testimony offered in
`paragraphs 6-13 is misleading, incomplete, and irrelevant,
`including because the testimony offered lacks support,
`mischaracterizes the prior art, and mischaracterizes the
`patentability of the claimed subject matter. Therefore, the
`proffered testimony’s probative value is substantially
`outweighed by the danger of unfair prejudice, confusing the
`issues, undue delay, wasting time, or needlessly presenting
`cumulative evidence.
`
`FRE 702 and 703: To the extent that the testimony is considered
`to be expert opinion, the testimony offered in paragraphs 6-13 is
`not based on sufficient facts or data, the product of reliable
`principles and methods, and/or a reliable application of the
`principles and methods to the facts.
`
`Ex. 2045
`
`Petitioner reserves the right to cross examine declarant.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`
`
`Ex. 2046
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`IPR2022-00855
`Patent No. 9,540,445
`
`Ex. 2047
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`Ex. 2048
`
`FRE 106: The exhibit is incomplete, and in fairness, it ought to
`be considered at the same time as the remaining portion.
`FRE 401, 402, and 403: The testimony offered in paragraphs 3-
`45 is misleading, incomplete, and irrelevant, including because
`
`
`
`IPR2022-00855
`Patent No. 9,540,445
`
`the testimony offered lacks support, and mischaracterizes the
`prior art. Therefore, the proffered testimony’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence. Patent Owner has not shown
`that the referenced exhibits would have been readily accessible
`to those skilled in the art.
`
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the referenced exhibits are what Patent
`Owner claims they are. Patent Owner has not shown that the
`referenced exhibits would have been readily accessible to those
`skilled in the art.
`
`FRE 702 and 703: To the extent that the testimony is
`considered to be expert opinion, the testimony offered in
`paragraphs 3-45 is not based on sufficient facts or data, the
`product of reliable principles and methods, and/or a reliable
`application of the principles and methods to the facts.
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`
`Ex. 2049
`
`
`
`Ex. 2050
`
`Ex. 2051
`
`IPR2022-00855
`Patent No. 9,540,445
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`FRE 402 and 403: Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`Patent Owner has not shown that this exhibit is relevant to any
`question of patentability; the exhibit’s probative value is
`substantially outweighed by the danger of unfair prejudice,
`confusing the issues, undue delay, wasting time, or needlessly
`presenting cumulative evidence.
`FRE 901: Patent Owner has not produced evidence sufficient to
`support a finding that the item is what Patent Owner claims it is.
`Patent Owner has not provided a supporting declaration of
`authentication. Patent Owner has not shown that this exhibit
`would have been readily accessible to those skilled in the art.
`FRE 106: The exhibit is incomplete, and in fairness, it ought to
`be considered at the same time as the remaining portion.
`
`FRE 802: To the extent that Patent Owner is offering this exhibit
`to prove the truth of the matter asserted, it is inadmissible
`hearsay.
`FRE 402 and 403: Pate
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