`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC
`Patent Owner
`________________
`
`Case CBM2018-00024
`U.S. Patent No. 8,577,813
`________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`Case CBM2018-00024
`U.S. Patent No. 8,577,813
`
` Patent Owner’s Objections to Evidence
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Universal Secure Registry LLC (“Patent
`
`Owner”) submits the following objections to evidence that Petitioner Apple, Inc.
`
`(“Petitioner”) served with its Petitioner’s Reply to Patent Owner’s Response (Paper
`
`31). These objections are timely filed and served within five business days of service
`
`of the evidence.
`
`Evidence
`
`Exhibit 1225
`
`Exhibit 1226
`
`Objections
`
`Patent Owner objects to this exhibit because it improperly
`introduces new theories, arguments, and evidence for the
`first time on Reply. For example, the following paragraphs
`in the Exhibit raise new theories, arguments and evidence for
`the first time on Reply: ¶¶28-31, 33-36, 37-40, 42-44, 46-48,
`and 54.
`
`Admissibility of such declaration would permit Petitioner to
`violate the requirement that it must include all its theories,
`arguments, and evidence with its Petition.
`
`FRE 401, 402, and 403: Patent Owner objects to this
`exhibit because it does not rebut the arguments in Patent
`Owner's Response, it is irrelevant, and its probative value is
`substantially outweighed by a danger of unfair prejudice,
`confusing the issues, wasting time, and needlessly presenting
`cumulative evidence.
`
`Patent Owner objects to this exhibit because it improperly
`introduces new theories, arguments, and evidence for the
`first time on Reply. For example, the Exhibit raises new
`theories and arguments regarding the alleged encryption and
`combination functions disclosed by Jakobsson (¶¶37-40) and
`the manner in which Jakobsson allegedly discloses the
`patented “seed” (¶¶41-49). This declarant did not provide
`any testimony in support of the Petition. Admissibility of
`such declaration for use with Petitioner’s Reply would
`
`
`
`
`Case CBM2018-00024
`U.S. Patent No. 8,577,813
`
` Patent Owner’s Objections to Evidence
`
`permit Petitioner to violate the requirement that it must
`include all its theories, arguments, and evidence with its
`Petition.
`
`Patent Owner objects to this exhibit because it includes
`information that is not discussed sufficiently in Petitioner’s
`Reply to Patent Owner’s Response (e.g., ¶¶28-36).
`Admissibility of such declaration would permit the use of
`declarations to circumvent page limits for a Reply.
`
`FRE 401, 402, and 403: Patent Owner objects to this
`exhibit because it does not rebut the arguments in Patent
`Owner's Response, it is irrelevant, and its probative value is
`substantially outweighed by a danger of unfair prejudice,
`confusing the issues, wasting time, and needlessly presenting
`cumulative evidence.
`
`Date: May 22, 2019
`
`Respectfully Submitted,
`
`/s/ James Glass
`Registration No. 46,729
`Quinn Emanuel Urquhart &
`Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel. (212) 849-7000
`Fax. (212) 849 7100
`
`Counsel for Patent Owner Universal Secure
`Registry LLC
`
`
`
`
`Case CBM2018-00024
`U.S. Patent No. 8,577,813
`
` Patent Owner’s Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that the
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R.
`
`§ 42.64 was served on May 22, 2019 by e-mailing copies to:
`
`Monica Grewal (Reg. No. 40,056)
`monica.grewal@wilmerhale.com
`Ben Fernandez (Reg. No. 55,172)
`ben.fernandez@wilmerhale.com
`Kelvin Chan (Reg. No. 71,433)
`kelvin.chan@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`
`Mark Selwyn
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`
`Date: May 22, 2019
`
` Respectfully submitted,
`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
`Lead Attorney for Patent Owner –
`Universal Secure Registry LLC
`
`