UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE, INC., EXPEDIA, INC., FANDANGO, LLC,
`HOTELS.COM, L.P., HOTEL TONIGHT, INC., HOTWIRE, INC.,
`KAYAK SOFTWARE CORP., OPENTABLE, INC., ORBITZ, LLC, PAPA
`JOHN’S USA, INC., STUBHUB, INC., TICKETMASTER, LLC, LIVE
`NATION ENTERTAINMENT, INC., TRAVELOCITY.COM LP,
`WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC.,
`DOMINO’S PIZZA, LLC, HILKTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC., HILTON INTERNATIONAL CO., MOBO
`SYSTEMS, INC., PIZZA HUT OF AMERICA, INC., PIZZA HUT, INC.,
`and USABLENET, INC.,
`Petitioner
`
`v.
`
`AMERANTH, INC.,
`
`Patent Owner.
`
`
`
`Case CBM CBM2015-000801
`Patent 6,384,850
`
`
`
`PETITIONER’S OBJECTIONS TO EXHIBITS SUBMITTED WITH
`PATENT OWNER’S RESPONSE
`
`
`
`
`1 CBM2015-00096 has been consolidated with this proceeding.
`
`WEST\267404697.1
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`

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`
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`Per 37 C.F.R. § 42.64, Petitioner hereby objects to exhibits submitted by
`
`Patent Owner with its Response, exhibits designated by Patent Owner as Exhibit
`
`Nos. 2021-2023 and 2025-2056.
`
`
`
`The ground for objection are as follows:
`
`Patent Owner Exhibit
`No.
`Exhibits 2021
`
`Exhibit 2022
`
`Exhibit 2023
`
`Exhibit 2025
`
`Grounds for Objection
`
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`WEST\267404697.1
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`1
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`

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`Exhibit 2026
`
`Exhibit 2027
`
`Exhibit 2028
`
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`WEST\267404697.1
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`Exhibit 2029
`
`Exhibit 2030
`
`Exhibit 2031
`
`Exhibit 2032
`
`Exhibit 2033
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`WEST\267404697.1
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`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
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`3
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`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`
`Exhibit 2034
`
`Exhibit 2035
`
`Exhibit 2036
`
`Exhibit 2037
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`Exhibit 2038
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`Exhibit 2039
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`Exhibit 2040
`
`Exhibit 2041
`
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
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`WEST\267404697.1
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`5
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`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`
`Exhibit 2042
`
`Exhibit 2043
`
`Exhibit 2044
`
`Exhibit 2045
`
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`6
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`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`
`Exhibit 2046
`
`Exhibit 2047
`
`Exhibit 2048
`
`WEST\267404697.1
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`7
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`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`
`Exhibit 2049
`
`Exhibit 2050
`
`Exhibit 2051
`
`Exhibit 2052
`
`Exhibit 2053
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`WEST\267404697.1
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`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Relevance. Fed. R. Evid. 401-403. This exhibit is not
`relevant to any issue in this CBM proceeding, and any
`probative value of the exhibit is substantially outweighed
`by unfair prejudice and a waste of time, particularly
`because it is not cited in Patent Owner’s Response.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Authentication. Fed. R. Evid. 901(a). Patent Owner has
`not produced evidence sufficient to support a finding that
`this exhibit is a true and correct copy of what Patent
`Owner purports it to be.
`
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`Hearsay. Fed. R. Evid. 801(c). To the extent Patent
`Owner relies on this exhibit to prove the truth of matters
`described therein, the statements are hearsay. Patent
`Owner has not offered evidence sufficient to demonstrate
`that the exhibit falls within any exceptions to the rule
`against hearsay.
`
`Exhibit 2054
`
`Exhibit 2055
`
`Exhibit 2056
`
`
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`Respectfully Submitted,
`
`
`
`
`
` /James M. Heintz/
`James M. Heintz
`Registration Number 41,828
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
`(703) 773-4148
`
`Robert C. Williams
`DLA Piper LLP (US)
`401 B Street Suite 1700
`San Diego, CA 92101
`(619) 699-2820
`
`Attorneys for Petitioner
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
`
`
`
`
`
`Objections to Exhibits Submitted With Patent Owner’s Response were served on
`
`January 13, 2016, via electronic mail, per agreement of the parties, to counsel for
`
`the following addresses:
`
`
`
`John W. Osborne
`OSBORNE LAW LLC
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Tel.: 914-714-5936
`Fax: 914-734-7333
`josborne@osborneipl.com
`
`Richard S. Zembek
`FULBRIGHT & JAWORSKI LLP
`1301 McKinney, Suite 5100
`Houston, TX 77010
`Tel.: 713-651-5151
`Fax: 713-651-5246
`richard.zembek@nortonrosefulbright.com
`
`
`
`Michael D. Fabiano
`FABIANO LAW FIRM, P.C.
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Tel.: 619-742-9631
`mdfabiano@fabianolawfirm.com
`
`Gilbert A. Greene
`FULBRIGHT & JAWORSKI LLP
`98 San Jacinto Boulevard, Suite 1100
`Austin, TX 78701
`Tel.: 512-474-5201
`Fax: 512-536-4598
`bert.greene@nortonrosefulbright.com
`
` /James M. Heintz/
`James M. Heintz
`
`Reg. No. 41,828
`
`Counsel for Petitioner
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`By:
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`1
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`WEST\267404697.1