`By: Thomas J. Wimbiscus
`McAndrews, Held & Malloy, Ltd.
`500 W. Madison St., 34th Floor
`Chicago, IL 60661
`Tel: 312-775-8000
`Fax: 312-775-8100
`E-mail:
`twimbiscus@mcandrews-ip.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`SK HYNIX INC., SK HYNIX AMERICA INC., and
`SK HYNIX MEMORY SOLUTIONS INC.,
`Petitioners,
`v.
`
`NETLIST, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00692
`Patent No. 8,874,831
`_____________
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`
`
`Patent Owner Netlist, Inc. (“Netlist” or “Patent Owner”) hereby submits the
`
`following objections to the exhibits submitted by Petitioners along with its
`
`Petition.
`
`
`
`Patent Owner objects to each exhibit, and/or portion thereof (e.g., portions of
`
`Exhibit 1003, the Declaration of Ron Maltiel) included with the Petition, but not
`
`cited within the Petition, as not being relevant to any issue on which trial has been
`
`instituted. Additionally, if the objected to material was not discussed in the
`
`Petition, Patent Owner has had no fair opportunity to respond to Petitioner’s
`
`unstated contentions (if any) regarding the same. Such information is irrelevant
`
`and its consideration could be unfairly prejudicial to Patent Owner.
`
`
`
`Patent Owner also objects to Exhibit 1003 (Mr. Maltiel’s Declaration) to the
`
`extent it includes expert opinions for which the factual bases have not been
`
`disclosed, for which Mr. Maltiel does not have personal knowledge (F.R.E. 602),
`
`or to the extent that Mr. Maltiel’s opinions constitute unreliable expert testimony
`
`under F.R.E. 702 and 703.
`
`
`
`Patent Owner objects to Exhibit 1016, Intel, 1.8 Volt Intel StrataFlash(R)
`
`Wireless Memory (L18) (Apr. 2003), as this exhibit is not authenticated as required
`
`by FRE 901 and is not self-authenticating.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Thomas J. Wimbiscus/
`Thomas J. Wimbiscus
`Registration No. 36,059
`McAndrews, Held & Malloy, Ltd.
`500 West Madison Street, 34th Floor
`Chicago, Illinois 60661
`Office: (312) 775-8000
`Fax: (312) 775-8100
`Email: twimbiscus@mcandrews-ip.com
`
`Lead Counsel for Patent Owner
`
`Patent Owner’s Objections to Evidence
`IPR2017-00692
`U.S. Patent No. 8,874,831
`
`
`Dated: August 4, 2017
`
`3
`
`
`
`Patent Owner’s Objections to Evidence
`IPR2017-00692
`U.S. Patent No. 8,874,831
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Patent
`
`Owner’s Objections to Evidence was served on August 4, 2017, via email to
`
`counsel for Petitioners at the following address:
`
`Joseph A. Micallef
`Wonjoo Suh
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`Sidley-SKH-IPR@sidley.com
`
`/Thomas J. Wimbiscus/
`Thomas J. Wimbiscus
`
`
`
`
`
`Date: August 4, 2017
`
`4
`
`
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