By:
`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`Joseph R. Re (Reg. No. 31,291)
`Stephen W. Larson (Reg. No. 69,133)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
`
`
`
`Filed: April 28, 2021
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2020-1521-628@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2020-01521
`U.S. Patent 10,292,628
`
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`Filed on behalf of:
`Patent Owner Masimo Corporation
`Joseph R. Re (Reg. No. 31,291)
`Stephen W. Larson (Reg. No. 69,133)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
`
`
`
`Filed: April 28, 2021
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
`E-mail: AppleIPR2020-1521-628@knobbe.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2020-01521
`U.S. Patent 10,292,628
`
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owner Masimo Corporation objects
`
`as follows to the admissibility of evidence served with the initial Petition. Patent
`
`Owner reserves the right to: (1) timely file a motion to exclude these objectionable
`
`exhibits or portions thereof; (2) challenge the credibility and/or weight that should
`
`be afforded to these exhibits, whether or not Patent Owner files a motion to
`
`exclude the exhibits; (3) challenge the sufficiency of the evidence to meet
`
`Petitioner’s burden of proof on any issue, including, without limitation, whether
`
`Petitioner met its burden to prove the prior art status of the alleged prior art on
`
`which it relies, whether or not Patent Owner has objected to, or files a motion to
`
`exclude, the evidence; and (4) cross examine any Petitioner declarant within the
`
`scope of his or her direct testimony that relates to these exhibits, without regard to
`
`whether Patent Owner has objected to the testimony or related exhibits or whether
`
`the testimony or related exhibits are ultimately found to be inadmissible.
`
`
`Exhibit Number and
`Description
`Exhibit 1003 - Declaration of
`Dr. Kenny
`
`Objections
`
`Masimo’s objections to Ex. 1003 are set forth
`below. To the extent Dr. Kenny’s declaration
`incorporates objectionable material in the cited
`paragraphs below in additional paragraphs or
`sections, Masimo’s objections apply with equal
`force to those additional paragraphs or sections.
`Incomplete, Irrelevant, Misleading (FRE 106,
`401, 403):
`incomplete, and
`¶¶21-22 are misleading,
`irrelevant because they lack support for the
`
`-1-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1001.
`
`¶41 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`¶42 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1019.
`
`¶50 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1001.
`
`¶52 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1001 and 1006.
`
`¶53 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`incomplete, and
`¶¶54-57 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1006.
`
`incomplete, and
`¶¶58-59 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1008.
`
`-2-
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`Apple Inc. v. Masimo Corporation
`
`¶60 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1001 and 1008.
`
`incomplete, and
`¶¶61-62 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1008.
`
`incomplete, and
`¶¶63-64 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008, 1014.
`
`incomplete, and
`¶¶65-67 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1015,
`1024, 1025.
`
`¶70 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1015, 1016.
`
`¶71 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1014, 1016, 1019.
`
`¶75 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`-3-
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`¶76 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1008, 1010.
`
`¶77 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1008.
`
`¶80 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶81 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶84 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶85 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`
`¶88 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`
`-4-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`¶89 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶91 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1009.
`
`¶92 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶93 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶94 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1008.
`
`¶95 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶96 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1009, 1023.
`
`incomplete, and
`¶¶97-98 are misleading,
`irrelevant because they lack support for the
`
`-5-
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`
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008.
`
`incomplete, and
`¶¶99-100 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1015.
`
`¶101 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶102 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006; 10016.
`
`incomplete, and
`¶¶103-104 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008, 1018.
`
`¶105 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶107 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶108 is misleading, incomplete, and irrelevant
`
`-6-
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`IPR2020-01521
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`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`incomplete, and
`¶¶110-111 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Ex. 1006.
`
`incomplete, and
`¶¶112-114 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1015.
`
`¶116 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`incomplete, and
`¶¶117-118 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008.
`
`¶119 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶120 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006, 1018.
`
`¶121 is misleading, incomplete, and irrelevant
`
`-7-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006, 1008.
`
`¶122 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`incomplete, and
`¶¶124-125 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1008.
`
`¶126 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶129 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1008.
`
`incomplete, and
`¶¶144-145 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1006,
`1014.
`
`¶147 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1006.
`
`¶148 is misleading, incomplete, and irrelevant
`
`-8-
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`IPR2020-01521
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`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1016, 1022, 1029.
`
`¶149 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1008, 1016.
`
`¶150 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1008, 1016.
`
`¶151 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1019, 1020, 1021; 2021.
`
`¶152 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1014, 1016, 1019, 1021.
`
`¶154 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1014.
`
`incomplete, and
`¶¶159-165 are misleading,
`irrelevant because they lack support for the
`contentions for which they are cited and they
`mischaracterize the teachings of Exs. 1027,
`1028.
`
`¶166 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`
`-9-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`which it is cited and mischaracterizes the
`teachings of Ex. 1027.
`
`¶172 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1015, 1025.
`
`¶167 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶168 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶169 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1015, 1025.
`
`incomplete, and
`is misleading,
`¶¶172-176
`irrelevant because it lacks support for the
`contentions
`for which
`it
`is cited and
`mischaracterizes the teachings of Ex. 1015.
`
`¶177 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008.
`
`¶178 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1008, 1015.
`
`-10-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`
`incomplete, and
`is misleading,
`¶¶179-180
`irrelevant because it lacks support for the
`contentions
`for which
`it
`is cited and
`mischaracterizes the teachings of Exs. 1008,
`1015.
`
`¶182 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1023.
`
`¶183 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1008, 1015, 1023.
`
`incomplete, and
`¶¶184-185 are misleading,
`irrelevant because it lacks support for the
`contentions
`for which
`it
`is cited and
`mischaracterizes the teachings of Exs. 1015,
`1023.
`
`¶186 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1008, 1015.
`
`¶186 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶188 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`-11-
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`
`¶189 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`incomplete, and
`¶190-191 are misleading,
`irrelevant because they lack support for the
`contentions for which
`they are cited and
`mischaracterize the teachings of Ex. 1006.
`
`¶193 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1008, 1015.
`
`¶198 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1006, 1015, 1016, 1024.
`
`incomplete, and
`¶201-202 are misleading,
`irrelevant because they lack support for the
`contentions for which
`they are cited and
`mischaracterize the teachings of Exs. 1015,
`1025.
`
`¶204 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶206 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Exs. 1008, 1015.
`
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`-12-
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`¶207 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`¶215 is misleading, incomplete, and irrelevant
`because it lacks support for the contentions for
`which it is cited and mischaracterizes the
`teachings of Ex. 1015.
`
`incomplete, and
`¶¶229-233 are misleading,
`irrelevant because it lacks support for the
`contentions
`for which
`it
`is cited and
`mischaracterizes the teachings of Exs. 1001,
`1014, 1015, 1016, 1022, 1029.
`
`Improper Testimony by Expert Witness
`(FRE 702):
`¶¶21-22 are not based on sufficient facts and
`data, and do not reliably apply facts and data
`using scientific principles.
`
`¶¶41-42 are not based on sufficient facts and
`data, and do not reliably apply facts and data
`using scientific principles.
`
`¶50 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶75 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶76 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`-13-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
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`¶77 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶78 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶79 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶81 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶83 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶84 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶85 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`
`¶91 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶92 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`
`-14-
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`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`scientific principles.
`
`¶93 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶94 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶95 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶96 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶98 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶99 is not based on sufficient facts and data, and
`does not reliably apply facts and data using
`scientific principles.
`
`¶100 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶102 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶103 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`
`-15-
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`IPR2020-01521
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`scientific principles.
`
`¶104 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶112 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶114 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶117 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶118 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶119 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶124 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶125 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶129 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`
`-16-
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`IPR2020-01521
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`scientific principles.
`
`¶142 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶145 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶149 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶150 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶151 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶153 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶¶178-185 are not based on sufficient facts and
`data, and do not reliably apply facts and data
`using scientific principles.
`
`¶188 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶189 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`
`-17-
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`IPR2020-01521
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`scientific principles.
`
`¶191 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶193 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶194 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶198 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶202 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶229 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶230 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶231 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`scientific principles.
`
`¶232 is not based on sufficient facts and data,
`and does not reliably apply facts and data using
`
`-18-
`
`
`
`Exhibit 1008 - Certified English
`Translation of
`Inokawa and
`Translators Declaration
`
`Exhibit 1016 - “A Wearable
`Reflectance Pulse Oximeter for
`Remote
`Physiological
`Monitoring,”
`(“Mendelson-
`2006”)
`
`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`scientific principles.
`Hearsay, Authenticity (FRE 802, 901):
`The exhibit includes out-of-court statements that
`are offered for the truth of the matter asserted
`and are asserted by a declarant who lacks
`personal knowledge.
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity
`
`Exhibit 1018 - “Acrylic: Strong,
`stiff, clear plastic available in a
`variety of brilliant colors”
`
`-19-
`
`
`
`Exhibit 1026 - Declaration of
`Jacob Munford
`
`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`Incomplete, Irrelevant, Misleading, Hearsay,
`Exhibit 1022 - QuickSpecs; HP
`Authenticity (FRE 106, 401, 403, 802, 901):
`iPAQ Pocket PC h4150 Series
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity.
`Hearsay, Authenticity (FRE 802, 901):
`The exhibit includes out-of-court statements that
`are offered for the truth of the matter asserted
`and are asserted by a declarant who lacks
`personal knowledge.
`Incomplete, Irrelevant, Misleading, Hearsay,
`Authenticity (FRE 106, 401, 403, 802, 901):
`The portions of
`this document cited by
`Petitioner, as used by Petitioner, provide an
`irrelevant,
`incomplete,
`and misleading
`characterization of the knowledge in the art as
`of the asserted date of the invention because
`Petitioner has not established it is prior art, and
`therefore confuses
`the
`issues
`in
`the case.
`Masimo objects to this document as hearsay,
`and further on relevance because Petitioner fails
`to establish it is prior art. Masimo also objects
`on the basis of authenticity
`
`Exhibit 1029 - Wikipedia: The
`Free Encyclopedia, “Universal
`asynchronous
`receiver-
`transmitter”
`
`
`
`
`
`
`
`-20-
`
`
`
`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`Respectfully submitted,
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`Dated: April 28, 2021
`
`
`
`
`
`
`
`/Jacob L. Peterson/
`Jacob L. Peterson (Reg. No. 65,096)
`Customer No. 64,735
`
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`-21-
`
`
`
`IPR2020-01521
`Apple Inc. v. Masimo Corporation
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER’S
`
`OBJECTIONS TO EVIDENCE is being served electronically on April 28, 2021,
`
`to the e-mail addresses shown below:
`
`W. Karl Renner, Reg. No. 41,265
`Roberto J. Devoto, Reg. No. 55,108
`Hyun Jin In, Reg. No. 70,014
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`Email: IPR50095-0008IP1@fr.com
`Email: PTABInbound@fr.com; axf-ptab@fr.com; devoto@fr.com;
`in@fr.com
`
`/Jacob L. Peterson/
`Jacob L. Peterson (Reg. No. 65,096)
`Attorney for Patent Owner
`Masimo Corporation
`
`
`
`
`Dated: April 28, 2021
`
`34552250
`
`
`
`-22-
`
`
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