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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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`APPLE INC.,
`Petitioner,
`
`v.
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`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2021-00208
`Patent 10,258,266
`____________
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner, Apple Inc. hereby submits
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`the following objections to evidence in Patent Owner’s Response of September 8,
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`2021.
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`Evidence
`Exhibit 2004
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`Exhibit 2006
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`Exhibit 2007
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`Exhibit 2008
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`Objections
`Petitioner objects to the admissibility of Exhibit 2004 under
`FRE 702 and 703, because it contains opinions that are
`conclusory, do not disclose supporting facts or data, are
`based on unreliable facts, data, or methods, and/or include
`testimony outside the scope of Dr. Madisetti’s specialized
`knowledge (to the extent he has any such knowledge) that
`will not assist the trier of fact. Petitioner also objects to
`Exhibit 2004 as containing opinions that are irrelevant,
`confusing, and presenting the danger of unfair prejudice
`under FRE 401, 402, and 403.
`Petitioner incorporates the real-time objections made by
`Petitioner’s counsel reflected in Exhibit 2006, to the extent
`that such objections relate to portions of Exhibit 2006 that
`are cited in Patent Owner’s Response.
`Petitioner incorporates the real-time objections made by
`Petitioner’s counsel reflected in Exhibit 2007, to the extent
`that such objections relate to portions of Exhibit 2007 that
`are cited in Patent Owner’s Response.
`Petitioner incorporates the real-time objections made by
`Petitioner’s counsel reflected in Exhibit 2008, to the extent
`that such objections relate to portions of Exhibit 2008 that
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`1
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`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
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`are cited in Patent Owner’s Response.
`Petitioner incorporates the real-time objections made by
`Petitioner’s counsel reflected in Exhibit 2009, to the extent
`that such objections relate to portions of Exhibit 2009 that
`are cited in Patent Owner’s Response.
`Petitioner objects to Exhibit 2010 under FRE 901, as Patent
`Owner has not submitted evidence that the document is
`authentic, nor that the document is self-authenticating. Of
`note, there is insufficient support in the Exhibit 2010 to
`show that the document was publically available before the
`priority date of the patent. See Microsoft Corp. v. Corel
`Software, LLC, IPR2016-01300 (P.T.A.B. Jan. 4, 2017)
`(Denial of Institution) (finding that a Copyright Notice
`sheds virtually no light on public accessibility as of that
`date); see also ServiceNow, Inc. v. Hewlett-Packard Co.,
`IPR2015-00716, Paper No. 13 at 2-3, 10-18 (P.T.A.B. Aug.
`26, 2015). Petitioner further objects to Exhibit 2010 under
`FRE 801 and 802 as inadmissible hearsay.
`Petitioner objects to the admissibility of Exhibit 2019 under
`FRE 401, 402, and 403 at least insofar as the Patent Owner
`Response does not establish the relevance of the statements
`cited, and at least insofar as the cited statements are
`potentially misleading when taken out of context.
`Petitioner objects to the admissibility of Exhibit 2020 under
`FRE 401, 402, and 403 at least insofar as the Patent Owner
`Response does not establish the relevance of the statements
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`Exhibit 2009
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`Exhibit 2010
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`Exhibit 2019
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`Exhibit 2020
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`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
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`cited, and at least insofar as the cited statements are
`potentially misleading when taken out of context.
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`For at least these reasons, Petitioner objects to Exhibits 2004, 2006-2010,
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`2019, and 2020. Petitioner reserves the right to move to exclude Exhibits 2004,
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`2006-2010, 2019, and 2020.
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`Respectfully submitted,
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`Dated:
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`September 15, 2021
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`/Hyun Jin In/
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`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
`T: 202-783-5553
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`3
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`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq., the undersigned certifies that on
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`September 15, 2021, a complete and entire copy of this Petitioner’s Objections to
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`Evidence was provided by electronic mail to the Patent Owner by serving the
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`correspondence e-mail address of record as follows:
`
`Joseph R. Re
`Jarom D. Kesler
`Stephen W. Larson
`Jacob L. Peterson
`
`Knobbe, Martens, Olson, & Bear, LLP
`2040 Main St., 14th Floor
`Irvine, CA 92614
`
`Email: AppleIPR2021-0208-266@knobbe.com
`
`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(617) 956-5938
`
`
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