`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`
`JUNIPER NETWORKS, INC.,
`
`Petitioner.
`
`v.
`
`IMPLICIT, LLC,
`
`Patent Owner.
`
`___________
`
`Case IPR2020-00587
`U.S. Patent No. 9,591,104
`___________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`UNDER 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`10872074
`
`
`
`
`
`
`IPR Case No. IPR2020-00587
`
`I.
`
`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`
`
` U.S. Patent No. 9,591,104
`
`(“FRE”), Juniper Networks, Inc. (“Petitioner”) hereby objects to the admissibility
`
`of the exhibit listed below. These objections are timely under 37 C.F.R.
`
`§ 42.64(b)(1) because they are being filed within ten (10) business days of service
`
`of the decision to institute trial on August 10, 2020.
`
`Petitioner reserves the right to present further objections to this or additional
`
`exhibits submitted by Patent Owner, as allowed by any applicable rules or other
`
`authority, including without limitation upon conclusion of any depositions taken of
`
`Patent Owner’s witnesses.
`
`II. OBJECTIONS TO EVIDENCE
`Exhibit No.
`F.R.E.
`
`2013
`
`106
`
`
`
`
`
`401, 402, 403
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 1 -
`
`Objection(s)
`
`Exhibit 2013 is an incomplete part
`of a deposition transcript whose
`entirety is not of record in this
`proceeding. It is therefore
`inadmissible.
`
`The relevance and probative value
`of Exhibit 2013 cannot be
`determined because the exhibit is a
`limited and incomplete 10-page
`excerpt of a deposition in a district
`court proceeding between Implicit
`and a third party whose transcript
`apparently contained at least 237
`pages. The full transcript is not of
`
`
`
`IPR Case No. IPR2020-00587
`
`
`
`
`
`
` U.S. Patent No. 9,591,104
`
`Exhibit No.
`
`F.R.E.
`
`Objection(s)
`
`
`
`
`602
`
`
`
`
`
`
`
`
`
`701, 702
`
`
`
`
`
`
`
`
`
`802
`
`
`
`
`
`
`
`
`
`901
`
`record in this proceeding. It is
`therefore inadmissible.
`
`To any extent that Dr. Decasper's
`testimony relies upon or relates to
`information for which he has no
`personal knowledge—and this
`extent cannot be assessed from the
`limited and incomplete portions
`filed in this proceeding—those
`portions of his testimony are
`inadmissible.
`
`To any extent that Dr. Decasper's
`testimony is offered as lay or expert
`opinion—and this extent cannot be
`assessed from the limited and
`incomplete portions filed in this
`proceeding—those portions of his
`testimony may be inadmissible, for
`example, for failure to comply with
`Fed. R. Evid. 701 and 702.
`
`To any extent that Dr. Decasper's
`testimony relies upon or relates to
`hearsay—and this extent cannot be
`assessed from the limited and
`incomplete portions filed in this
`proceeding—those portions of his
`testimony are inadmissible if used
`to prove the truth of the matter
`asserted.
`
`To any extent that Dr. Decasper
`relies on unauthenticated
`evidence—and this extent cannot be
`assessed from the limited and
`incomplete portions filed in this
`
`
`
`
`- 2 -
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`
`
`IPR Case No. IPR2020-00587
`
`
`
`
`
`
` U.S. Patent No. 9,591,104
`
`Exhibit No.
`
`F.R.E.
`
`Objection(s)
`
`
`
`proceeding—those portions of Dr.
`Decasper's testimony are
`inadmissible.
`
`In view of the objections, Petitioner also objects to any testimony or
`
`argument that purports to rely on any of the aforementioned objected exhibit.
`
`
`
`Dated: August 24, 2020
`
` Respectfully submitted,
`
` By:/Jonathan M. Lindsay/
` Jonathan M. Lindsay (Reg. No. 45,810)
` David McPhie (Reg. No. 56,412)
` Dennis Courtney (Admitted Pro Hac Vice)
` IRELL & MANELLA LLP
` 840 Newport Center Drive, Suite 400
` Newport Beach, CA 92660
` Attorneys for Petitioner
`
`
`
`
`- 3 -
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`
`
`IPR Case No. IPR2020-00587
`
`
`
`
`
`
` U.S. Patent No. 9,591,104
`
`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. sections 42.6 that a complete copy
`
`of the PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`
`UNDER 37 C.F.R. § 42.64(b)(1) is being served via electronic mail upon the
`
`following:
`
`DAVIS FIRM, PC
`
`Christian Hurt
`churt@davisfirm.com
`mbutton@davisfirm.com
`
`William E. Davis, III
`bdavis@davisfirm.com
`
`
`
`/Susan M. Langworthy/
` Susan M. Langworthy
`
`Dated: August 24, 2020
`
`
`
`
`
`
`
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`- 4 -
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`
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