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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`DELL INC.,
`ZTE (USA) INC.,
`and
`ZTE CORPORATION,
`Petitioners,
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`v.
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`3G LICENSING S.A.,
`Patent Owner.
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`Case No. IPR2020-01157
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`U.S. Patent No. 7,274,933
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`
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`Petitioners’ Objections to Patent Owner’s Evidence
`Pursuant to 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners hereby object to Exhibit 2001,
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`Declaration of Stuart Lipoff in Support of Patent Owner, submitted in support of
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`Patent Owner’s Preliminary Response.
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`Petitioners object to the entirety of Exhibit 2001 for lacking relevance under
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`Federal Rules of Evidence 401, 402, and 402, and as being unsupported opinion
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`testimony lacking sufficient probative value under Rules 702 and 703. Specifically,
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`Exhibit 2001 is inadmissible at least because (i) the testimony of Mr. Lipoff
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`(particularly Paragraphs 33 – 80) will not help the Board to understand the evidence
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`or to determine a fact in issue; and (ii) the testimony (particularly Paragraphs 33 –
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`80) is not based on sufficient facts or data. See Fed. R. Evid. 702.
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`For example, Mr. Lipoff summarily opines that there are “inherent data items
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`distinctions” between SID/NID pairs and MCC/MNC pairs that made the disclosures
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`of McElwain and Uchida irrelevant to the challenged claims of the ’933 patent. See
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`Ex. 2001 ¶ 74. Mr. Lipoff does not explain what “inherent data items distinctions”
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`make it such that disclosures of SID/NID pairs are irrelevant to claims directed to
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`MCC/MNC pairs. See id. By way of another example, Mr. Lipoff states that Hicks
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`and the 3GPP Standards “teach away” from the use of multiple MCC/MNC pairs on
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`an HPLMN list, but he does not provide sufficient explanation as to how those
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`references allegedly teach away from the challenged claims. See id. ¶¶ 73, 75. Mr.
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`Lipoff summarily concludes that “the 3GPP Standards explicitly state that the
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`inclusion of multiple MCC/MNC pairs on an HPLMN list is not possible.” Id. ¶ 78.
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`Mr. Lipoff, however, does not provide sufficient support for such alleged “explicit[]”
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`statement. See id.
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`Further, because Mr. Lipoff’s testimony is unsupported opinion for the
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`reasons explained above, Exhibit 2001 is inadmissible under Federal Rules of
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`Evidence 401, 402, and 402 because it (i) is irrelevant for lacking any tendency to
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`make a material fact more or less probably than it would be without it; and (ii) could
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`confuse the issues, mislead the Board, and/or cause unfair prejudice. See Fed. R.
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`Evid. 401, 402, 403.
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`DATED: March 3, 2021
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`Respectfully Submitted,
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`/Brian M. Buroker/
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`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
`Email: bburoker@gibsondunn.com
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing Petitioners’
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`Objections to Patent Owner’s Evidence Pursuant to 37 C.F.R. § 42.64(b)(1) has been
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`served on this 3rd of March, 2021, via email to the following attorneys of record
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`pursuant to Patent Owner’s consent:
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`Counsel for Patent Owner
`Lead Counsel
`Back-Up Counsel
`Timothy Devlin, Reg. No. 41706
`Neil Benchell
`Devlin Law Firm LLC
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Wilmington, DE 19806
`Phone: (302) 449-9010
`Phone: (302) 449-9010
`Fax: (302) 353-4251
`Fax: (302) 353-4251
`TD-PTAB@devlinlawfirm.com
`nbenchell@devlinlawfirm.com
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`Stephanie Berger
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Phone: (302) 449-9010
`Fax: (302) 353-4251
`sberger@devlinlawfirm.com
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`Andrew DeMarco
`Devlin Law Firm LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Phone: (302) 449-9010
`Fax: (302) 353-4251
`ademarco@devlinlawfirm.com
`Additional email for service: dlflitparas@devlinlawfirm.com
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`DATED: March 3, 2021
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`Respectfully Submitted,
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`/Brian M. Buroker/
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`Brian M. Buroker (Reg. No. 39,125)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Ave. NW
`Washington, DC 20036
`Phone: (202) 955-8500
`Fax: (202) 467-0539
`Email: bburoker@gibsondunn.com
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