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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`VALENCELL, INC.
`Patent Owner
`____________
`
`Case IPR2017-01701
`U.S. Patent No. 8,157,730
`__________________
`
`
`PETITIONER APPLE INC.’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1)
`TO EVIDENCE SUBMITTED WITH PATENT OWNER’S RESPONSE
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2017-01701
`U.S. Patent No. 8,157,730
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Apple Inc. (“Apple”) hereby
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`objects under the Federal Rules of Evidence (“FRE”) and 37 C.F.R. § 42.62 to
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`Exhibit 2001 (the “Challenged Exhibit”) cited in Valencell, Inc.’s Patent Owner’s
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`Response (Paper 14). Notably, Exhibit 2001 was not cited in an Exhibit List
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`provided with the Patent Owner’s Response, as required by 37 C.F.R. 42.63(e).1
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`Apple timely objects under 37 C.F.R. § 42.64(b)(1) within the allowed five
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`business days from service of the evidence. Apple files and serves Valencell with
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`these objections to provide notice that Apple may move to exclude the Challenged
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`Exhibit under 37 C.F.R. § 42.64(c).
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`I.
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`IDENTIFICATION OF CHALLENGED EXHIBIT AND GROUNDS
`FOR OBJECTIONS
`A. Exhibit 2001: Declaration of Albert Titus in Support of Patent Owner
`Response to Petition
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` Apple objects to Exhibit 2001, specifically at least ¶¶ 50, 60, 62, 64, 65, 66,
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`70, 72, 75, 76, 77, 79, 80, 81, 82, 83, and 86, as improper expert testimony under
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`FRE 702 and 703. The testimony is conclusory, based on insufficient facts or data,
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`and is not the product of reliable principles and methods. Apple further objects to
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`1 Patent Owner cites to “Anthony Dep.” in its Patent Owner Response at pp.
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`24, 27, 34, and 35, which Apple presumes refers to the transcript of Dr. Anthony’s
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`deposition. However, Patent Owner did not file this transcript as an Exhibit. Apple
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`reserves the right to object to this document if subsequently filed by Patent Owner.
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`
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`- 1 -
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`Case IPR2017-01701
`U.S. Patent No. 8,157,730
`these conclusory paragraphs as prejudicial, confusing, and potentially misleading
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`under FRE 403.
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`
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`In addition, at least ¶¶ 41-61, 63-65, 68, and 73 are inadmissible as
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`irrelevant pursuant to FRE 401, 402, and 403 because are not relied upon in
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`support of any argument made in the Patent Owner Response. Any arguments not
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`made in the Patent Owner Response are deemed waived. See Paper 8, p. 3.
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`II. CONCLUSION
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`To the extent that Valencell fails to correct the defects associated with the
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`Challenged Exhibit in view of Apple’s objections herein, Apple may file one or
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`more motions to exclude the Challenged Exhibit under 37 C.F.R. § 42.64(c).
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`
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michael D. Specht/
`
`Michael D. Specht
`Registration No. 54,463
`Attorney for Petitioner Apple Inc.
`
`Date: June 8, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
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`- 2 -
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`
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`Case IPR2017-01701
`U.S. Patent No. 8,157,730
`CERTIFICATION OF SERVICE (37 C.F.R. §§42.6(e))
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`The undersigned hereby certifies that a true and correct copy of the above-
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`captioned PETITIONER APPLE INC.’S OBJECTIONS UNDER 37 C.F.R. §
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`42.64(b)(1) TO EVIDENCE SUBMITTED WITH PATENT OWNER’S
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`RESPONSE was served electronically via email in its entirety on June 8, 2018 on
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`the following:
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`
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`Justin B. Kimble (Lead Counsel)
`Jeffrey R. Bragalone (Back-up Counsel)
`Nicholas C. Kliewer (Back-up Counsel)
`T. William Kennedy (Back-up Counsel)
`Jonathan H. Rastegar (Back-up Counsel)
`
`
`JKimble-IPR@bcpc-law.com
`jbragalone@bcpc-law.com
`nkliewer@bcpc-law.com
`bkennedy@bcpc-law.com
`jrastegar@bcpc-law.com
`
`
`
`
`
`
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michael D. Specht/
`
`Michael D. Specht
`Registration No. 54,463
`Attorney for Petitioner Apple Inc.
`
`
`
`
`
`
`
`
`
`Date: June 8, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`
`
`
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