Case IPR2018-01050
`Patent 9,247,019
`Attorney Docket No. 180531-006USIPR
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`GOOGLE, LLC
`Petitioner
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`v.
`
`SEVEN NETWORKS, LLC
`Patent Owner
`____________
`
`Case IPR2018-01050
`Patent 9,247,019
`____________
`
`
`PATENT OWNER’S OBJECTIONS
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`
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`
`
`Patent 9,247,019
`Attorney Docket No. 180531-006USIPR
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE, LLC
`Petitioner
`
`v.
`
`SEVEN NETWORKS, LLC
`Patent Owner
`____________
`
`Case IPR2018-01050
`Patent 9,247,019
`____________
`
`
`PATENT OWNER’S OBJECTIONS
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Patent Owner SEVEN Networks, LLC hereby objects to the following
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`documents submitted by Petitioner Google LLC.
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`Nothing in this paper should be construed as an admission that any rights of
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`Patent Owner would have been waived or forfeited had the paper or any objection
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`herein not been filed, or that 37 C.F.R. § 42.64(b) applies to any of the objections
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`herein if § 42.64(b) would not otherwise apply. The objections herein are
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`premised upon § 42.64 potentially being determined to apply to the document in
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`question, and are submitted solely to preserve the rights of Patent Owner should
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`§ 42.64(b) be determined to apply.
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`1.
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`Exhibit 1002
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R.
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`§ 42.51(b)(1), this document or documents are incomplete and are not a copy
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`which accurately reproduces the original.
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`2.
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`Exhibit 1003
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`Under FRE 401/402/403/702, this document or documents include
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`testimony not relevant to the instituted review, because, among other things, it has
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`not been shown that the purportedly expert declarant is qualified to testify
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`competently regarding the matters the opinions are said to address, or that the
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`declarant’s testimony is based on sufficient facts or data or arrived at by reliable
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`principles, procedures, or methods reliably applied to the facts of this case, or that
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`the declarant’s opinion will assist the trier of fact to understand the evidence or to
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`determine any fact in issue and does not have a greater potential to mislead than to
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`enlighten. Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
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`documents include testimony that is not shown to be based on first-hand
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`knowledge including of how relied-upon data was generated, are based on
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`speculation, and constitute and contain inadmissible hearsay. Under FRE 401/705
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`and 37 C.F.R. § 42.65, this document or documents do not disclose underlying
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`facts and data. Under FRE 401/705 and 37 C.F.R. § 42.65, this document or
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`documents include testimony on patent law and practice.
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`3.
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`Exhibit 1020
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R.
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`§ 42.51(b)(1), this document or documents are incomplete and are not a copy
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`which accurately reproduces the original. Under FRE 801/802, this document or
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`documents constitute and contain inadmissible hearsay. Under FRE 401/705 and
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`37 C.F.R. § 42.65, this document or documents do not disclose underlying facts
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`and data. Under FRE 401/402/403, this document or documents are inadmissible
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`as irrelevant because, among other things, they do not form a basis of the instituted
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`grounds, and their probative value is outweighed by other considerations including
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`prejudice, confusion and waste of time. Under FRE 901, this document or
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`documents are inadmissible because they have not been shown to be authenticated
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`or identified.
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`4.
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`Exhibit 1021
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R.
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`§ 42.51(b)(1), this document or documents are incomplete and not a copy which
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`accurately reproduces the original. Under FRE 801/802, this document or
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`documents constitute and contain inadmissible hearsay. Under FRE 401/705 and
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`37 C.F.R. § 42.65, this document or documents do not disclose underlying facts
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`and data. Under FRE 401/402/403, this document or documents are inadmissible
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`as irrelevant because, among other things, they do not form a basis of the instituted
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`grounds, and their probative value is outweighed by other considerations including
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`prejudice, confusion and waste of time. Under FRE 901, this document or
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`documents are inadmissible because they have not been shown to be authenticated
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`or identified.
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`5.
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`Exhibit 1022
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents do not disclose underlying facts and data. Under FRE
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`401/402/403, this document or documents are inadmissible as irrelevant because,
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`among other things, they do not form a basis of the instituted grounds, and their
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 801/802, this document or documents
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`constitutes and contains inadmissible hearsay.
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`6.
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`Exhibit 1023
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents do not disclose underlying facts and data. Under FRE
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`401/402/403, this document or documents are inadmissible as irrelevant because,
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`among other things, they do not form a basis of the instituted grounds, and their
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 801/802, this document or documents
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`constitutes and contains inadmissible hearsay.
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`7.
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`Exhibit 1024
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents do not disclose underlying facts and data. Under FRE
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`401/402/403, this document or documents are inadmissible as irrelevant because,
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`among other things, they do not form a basis of the instituted grounds, and their
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 801/802, this document or documents
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`constitutes and contains inadmissible hearsay.
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`8.
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`Exhibit 1025
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents do not disclose underlying facts and data. Under FRE
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`401/402/403, this document or documents are inadmissible as irrelevant because,
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`among other things, they do not form a basis of the instituted grounds, and their
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 801/802, this document or documents
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`constitutes and contains inadmissible hearsay.
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`9.
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`Exhibit 1026
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents do not disclose underlying facts and data. Under FRE
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`401/402/403, this document or documents are inadmissible as irrelevant because,
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`among other things, they do not form a basis of the instituted grounds, and their
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`probative value is outweighed by other considerations including prejudice,
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`confusion and waste of time. Under FRE 801/802, this document or documents
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`constitutes and contains inadmissible hearsay.
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`10. Exhibit 1027
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`Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
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`documents include testimony that is not shown to be based on first-hand
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`knowledge including of how relied-upon data was generated, is based on
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`speculation, and constitutes and contains inadmissible hearsay. Under FRE
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`401/705 and 37 C.F.R. § 42.65, this document or documents does not disclose
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`underlying facts and data. Under FRE 401/705 and 37 C.F.R. § 42.65, this
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`document or documents include testimony on patent law and practice.
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`11. Exhibit 1040
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`Under FRE 602/701/801/802 and 37 C.F.R. § 42.61, this document or
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`documents include testimony that is not shown to be based on first-hand
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`knowledge including of how relied-upon data was generated, is based on
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`speculation, and constitutes and contains inadmissible hearsay. Under FRE
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`401/705 and 37 C.F.R. § 42.65, this document or documents does not disclose
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`underlying facts and data.
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`12. Exhibit 1043
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original. Under FRE 801/802, this document or
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`documents constitutes and contains inadmissible hearsay. Under FRE 401/705 and
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`37 C.F.R. § 42.65, this document or documents does not disclose underlying facts
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`and data. Under FRE 401/402/403, this document or documents are inadmissible
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`as irrelevant because, among other things, they do not form a basis of the instituted
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`grounds, and their probative value is outweighed by other considerations including
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`prejudice, confusion and waste of time. Under FRE 901, this document or
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`documents are inadmissible because they have not been shown to be authenticated
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`or identified.
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`13. Exhibit 1044
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`Under FRE 401/705 and 37 C.F.R. § 42.65, this document or documents
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`does not disclose underlying facts and data. Under FRE 401/402/403, this
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`document or documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time.
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`14. Exhibit 1047
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`Under FRE 801/802, this document or documents constitutes and contains
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`inadmissible hearsay. Under FRE 401/705 and 37 C.F.R. § 42.65, this document
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`or documents do not disclose underlying facts and data. Under FRE 401/402/403,
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`this document or documents are inadmissible as irrelevant because, among other
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`things, they do not form a basis of the instituted grounds, and their probative value
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`is outweighed by other considerations including prejudice, confusion and waste of
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`time.
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`15. Exhibit 1048
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original.
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`16. Exhibit 1051
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`Under FRE 106/1001, 35 U.S.C. § 312(a)(3) & (5), and 37 C.F.R. §
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`42.51(b)(1), this document or documents are incomplete and are not a copy which
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`accurately reproduces the original.
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`Respectfully submitted,
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` /
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` Kenneth J. Weatherwax /
`Kenneth J. Weatherwax, Reg. No. 54,528
`LOWENSTEIN & WEATHERWAX LLP
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`Date: January 18, 2019
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`Case IPR2018-01050
`Patent 9,247,019
`Attorney Docket No. 180531-006USIPR
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were served
`by electronic service, by agreement between the parties, on the date signed below:
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`PATENT OWNER’S OBJECTIONS
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`The names and address of the parties being served are as follows:
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`Erika H. Arner
`Rachel L. Emsley
`Kara A. Specht
`Google-SevenNetworks-IPRs@finnegan.com
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`Respectfully submitted,
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` / Jason Linger /
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`Date: January 18, 2019
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