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UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`YAMAHA CORPORATION OF AMERICA
`Petitioner
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner
`
`___________________
`
`
`
`
`
`Case No. IPR2013-00597
`U.S. Patent 8,230,099
`___________________
`
`
`
`PATENT OWNER’S OBJECTIONS TO
`EVIDENCE SUBMITTED WITH PETITIONER’S REPLY
`
` -1-
`
`
`
`
`
`
`
`

`
`In accordance with 37 C.F.R. § 42.64, Patent Owner hereby objects to the
`
`IPR2013-00597
`U.S. Patent 8,230,099
`
`
`
`following evidence that was submitted by Petitioner on August 12, 2014, with
`
`“Petitioner Yamaha Corporation of America’s Reply to Patent Owner Response”
`
`(“Petitioner’s Reply”) in the above-referenced proceeding involving U.S. Patent
`
`No. 8,230,099.
`
`
`
`These objections are timely under 37 C.F.R. § 42.64(b)(1), as they are being
`
`served within five (5) business days of service of the Petitioner’s Reply, which was
`
`filed on August 12, 2014.
`
`IPR2013-00597
`
`Exhibit No.
`
`Petitioner’s Description
`
`Objection
`
`1014
`
`U.S. Patent Appl. No. US2004/0267899
`(filed by assignee Microsoft Corp. on June
`27, 2003)
`
`1015
`
`U.S. Patent No. 6,728,729 (filed by assignee
`Apple Computer Inc. on April 25, 2003)
`
`1016
`
`May 24, 2011 Declaration of Dr. Gareth Loy
`in MonkeyMedia, Inc. v. Apple, Inc., Case
`No. 1:10cv319 (E.D. Tex.), re-filed on July
`25, 2014, with discussion of POOSITA in ¶
`27
`
`FRE 401/402/403
`(relevance)
`FRE 802 (hearsay)
`(untimely)
`
`FRE 401/402/403
`(relevance)
`FRE 802 (hearsay)
`(untimely)
`
`FRE 401/402/403
`(relevance)
`FRE 613(b) (witness
`not afforded to
`explain/deny
`testimony)
`(untimely)
`
`
`
` -1-
`
`

`
`
`
`
`IPR2013-00597
`U.S. Patent 8,230,099
`
`To the extent that Petitioner’s Reply contains new evidence and arguments
`
`that extend beyond the proper scope of a reply pursuant to 37 C.F.R. § 42.23(b)
`
`and that are not addressable in a motion to exclude evidence (see, e.g., CBM2014-
`
`00034, Paper 11, p. 2), Patent Owner reserves its rights to raise such objections
`
`with the Board and/or move to expunge such evidence and arguments.
`
`Dated: August 18, 2014
`
`
`
`Respectfully submitted,
`By: /Thomas Engellenner/
`Thomas Engellenner, Reg. No. 28,711
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`Attorney for Patent Owner
`
`
`
`
`
` -2-
`
`

`
`IPR2013-00597
`U.S. Patent 8,230,099
`
`CERTIFICATE OF SERVICE
`
`dfehrman@mofo.com
`marjomand@mofo.com
`
`By: /Thomas Engellenner/
`Thomas Engellenner, Reg. No. 28,711
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
`Attorney for Patent Owner
`
` -3-
`
`
`
`
`
`
`
`
`
` I
`
`
`
`
`
` hereby certify that on August 18, 2014, a true and accurate copy of this paper,
`PATENT OWNER’S OBJECTIONS TO EVIDENCE SUBMITTED WITH PETITIONER’S
`REPLY, was served on the following counsel for Petitioner Yamaha Corp. of
`America via email:
`
`David L. Fehrman
`Mehran Arjomand
`Morrison & Foerster LLP
`707 Wilshire Boulevard
`Los Angeles, CA 90017-3543
`Tel: (213) 892-5630
`Fax: (323) 210-1329
`
`Dated: August 18, 2014

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