`By:
`
`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner
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`v.
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`VIRNETX INC.
`Patent Owner
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`Case IPR2015-00866
`Patent No. 8,458,341
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`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner VirnetX Inc. submits the
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`Case IPR2015-00866
`Patent No. 8,458,341
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`following objections to certain exhibits submitted by Apple Inc. (“Petitioner”) in
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`Case No. IPR2015-00866. Patent Owner’s objections apply equally to Petitioner’s
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`reliance on these exhibits in any subsequently-filed documents. These objections
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`are timely, having been served within ten business days of the Board’s decision to
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`institute a trial in this proceeding.
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`Exhibits 1005, 1022, 1023, and 1043
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`Patent Owner objects to Exhibit 1005 under Rules 401-403 of the Federal
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`Rules of Evidence to the extent that Exhibit 1005 contains testimony unrelated to
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`the grounds of rejection on which the Board instituted inter partes review. See,
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`e.g., at least testimony relating to U.S. Patent Nos. 8,516,131 and 8,560,705,
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`Aventail, Brand, and RFC 2543. Patent Owner similarly objects to Exhibits 1022,
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`1023, and 1043 under Rules 401-403 of the Federal Rules of Evidence because
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`they contain testimony unrelated to the grounds of rejection on which the Board
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`instituted inter partes review. Patent Owner further objects to Exhibits 1022,
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`1023, and 1043 under Rule 802 of the Federal Rules of Evidence because the
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`testimony in these Exhibits constitutes inadmissible hearsay.
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`Exhibits 1003, 1004, 1010-1041, 1043-1048, 1050, 1051, 1053, and 1054
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`Patent Owner objects to Exhibits 1003, 1004, 1010-1041, 1043-1048, 1050,
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`1051, 1053, and 1054 under Rules 401-403 of the Federal Rules of Evidence on
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`1
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`the grounds that these exhibits contain evidence not relevant to issues in this
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`Case IPR2015-00866
`Patent No. 8,458,341
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`proceeding because the evidence lacks a nexus to the grounds of rejection on
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`which the Board has instituted inter partes review.
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`Exhibits 1002-1004, 1006, 1010-1041, 1043-1048, 1050, 1051, 1053, and 1054
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`Patent Owner objects to Exhibits 1002-1004, 1006, 1010-1041, 1043-1048,
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`1050, 1051, 1053, and 1054 under Rules 401-403 of the Federal Rules of Evidence
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`because Petitioner never relied on these exhibits in the Petition.
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`Dated: October 15, 2015
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2015-00866
`Patent 8,458,341
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`I hereby certify that on this 15th day of October 2015, a copy of the
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`foregoing Patent Owner’s Objections to Petitioner’s Exhibits was served by
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`electronic mail upon the following:
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`Counsel for Apple Inc.:
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`iprnotices@sidley.com
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
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`Dated: October 15, 2015
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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 VirnetX Inc.
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