`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`PARUS HOLDINGS, INC.,
`Patent Owner.
`
`Case No. IPR2020-00686
`U.S. Patent No. 7,076,431
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`Case No. IPR2020-00686
`Patent No. 7,076,431
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Parus Holdings, Inc.
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`(“Parus” or “Patent Owner”) hereby objects, as set forth below, to the admissibility
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`of the evidence that Petitioner Apple Inc. (“Petitioner”) has submitted with
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`Petitioner’s Reply to Patent Owner’s Response filed on March 24, 2021 in this
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`matter. These objections are timely filed pursuant to 37 C.F.R. § 42.64(b)(1), as
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`within five business days of service of the evidence to which these objections are
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`directed. Patent Owner asks the Patent Trial and Appeal Board to deny admission
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`and consideration of the Supplemental Declaration of Dr. Loren Terveen (Exhibit
`
`1040) on the following bases.
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`Evidence
`
`Exhibit 1040
`
`Supplemental Declaration
`of Dr. Loren Terveen
`
`Objections
`
`FRE 402: This exhibit is not relevant to any ground
`upon which trial was instituted.
`
`FRE 403: This exhibit includes information whose
`probative value to any ground upon which trial was
`instituted is substantially outweighed by the danger
`of unfair prejudice, confusing the issues, undue
`delay, wasting time, or needlessly presenting
`cumulative evidence.
`
`FRE 602: This exhibit lacks proper foundation
`and/or fails to demonstrate personal knowledge.
`
`37 C.F.R. § 42.23(b): This exhibit contains
`information and testimony which does not respond
`to arguments raised in the Patent Owner’s response.
`
`37 C.F.R. § 42.123(b): The exhibit is a late
`submission of supplemental information filed
`
`2
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`
`
`Evidence
`
`Case No. IPR2020-00686
`Patent No. 7,076,431
`Objections
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`without authorization to file a motion to submit the
`information.
`
`37 C.F.R. § 42.6(a)(3): This exhibit contains
`portions that were improperly incorporated by
`reference into another document. See Cisco
`Systems, Inc. v. C-Cation Technologies, LLC,
`IPR2014-00454, Paper 12, at 9-10.
`
`Patent Owner objects to certain sections of Dr. Loren Terveen’s supplemental
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`declaration. Dr. Terveen claims he is providing this supplemental declaration under
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`the guise of responding to certain issues raised by Patent Owner in Patent Owner’s
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`Response (“POR”). Ex. 1040 at ¶ 1. However, Dr. Terveen does not provide a direct
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`rebuttal to any opinions, nor does he attempt to do so. Ex. 1040 at ¶¶ 2-25. Dr.
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`Terveen could have and should have included all of these opinions in his initial
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`declaration, but chose not to do so.
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`Because sections A-D of Dr. Terveen’s supplemental declaration provide new
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`opinions that could have been provided in his earlier declaration, and because
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`sections A-D do not directly rebut any argument from the POR or Mr.
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`Occhiogrosso’s declaration, Patent Owner objects to sections A-D of Dr. Terveen’s
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`supplemental declaration.
`
`3
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`
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`Dated: March 31, 2021
`
`Case No. IPR2020-00686
`Patent No. 7,076,431
`
`/Michael J. McNamara/
`Michael J. McNamara (Reg. No. 52,017)
`Michael T. Renaud (Reg. No. 44,299)
`William A. Meunier (Reg. No. 41,193)
`Andrew H. DeVoogd (pro hac vice to be filed)
`MINTZ, LEVIN, COHN, FERRIS, GLOVSKY
`AND POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: 617-348-1884
`Facsimile: 617-542-2241
`E-mails: mmcnamara@mintz.com
` mtrenaud@mintz.com
` wameunier@mintz.com
` ahdevoogd@mintz.com
`
`4
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`
`
`Case No. IPR2020-00686
`Patent No. 7,076,431
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`CERTIFICATE OF SERVICE
`
`I certify that a copy of Patent Owner’s Objections to Evidence Pursuant to
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`37 C.F.R. § 42.64 is being served by electronic mail on the following counsel of
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`record:
`
`Lead Counsel
`Jennifer C. Bailey (Reg. No. 52,583)
`ERISE IP, P.A.
`7015 College Blvd., Ste. 700
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`Facsimile: (913) 777-5601
`Jennifer.Bailey@eriseip.com
`
`Backup Counsel
`Adam P. Seitz (Reg. No. 52,206)
`ERISE IP, P.A.
`7015 College Blvd., Ste. 700
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`Facsimile: (913) 777-5601
`Adam.Seitz@eriseip.com
`
`Dated: March 31, 2021
`
`/Michael J. McNamara/
`Michael J. McNamara (Reg. No. 52,017)
`
`5
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