`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Applicant:
`
`Arling et al.
`
`Universal Remote Control, Inc.
`
`Case No.:
`
`IPR2014-01084
`
`v.
`
`Filing Date: September 19, 2003
`
`Universal Electronics, Inc.
`
`Patent No.:
`
`7,126,468
`
`Trial Paralegal: Amy Kattula
`
`Title:
`
`SYSTEM AND
`METHOD FOR
`MONITORING
`REMOTE CONTROL
`TRANSMISSION
`
`Attorney Doc.: 059489.143800
`
`
`NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Universal Electronics,
`
`Inc. (“UEI”) hereby provides notice of its objections to Petitioner’s evidence, as
`
`follows:
`
`Certificate of Filing: I hereby certify that this correspondence is being electronically filed with
`the USPTO on July 1, 2015.
`
`
`
`
`
`
`/Eric J. Maiers/
`By:
`
`
`
` Eric J. Maiers
`
`
`
`
`
`
`
`
`
`IPR2014-01103
`
`
`
`U.S. Patent No. 5,552,917
`
`OBJECTION #1: – Petitioner raises a new argument in its Reply that any
`component may perform the recited “updating” operations of Claims 27 and
`35, whereas the Petition stated only that Monitor 34 of Cohen performed the
`“updating” operations.
`
`UEI objects to Petitioner’s new argument regarding which component may
`
`perform the “updating” operations of Claims 27 and 35 under 37 C.F.R. §
`
`42.23(b). See also Office Trial Practice Guide, 77 Fed Reg. 48756, 48767
`
`(August 14, 2012) (“A reply may only respond to arguments raised in the
`
`corresponding opposition. § 42.23. While replies can help crystalize issues for
`
`decision, a reply that raises a new issue or belatedly presents evidence will not be
`
`considered and may be returned.”) Specifically, Petitioner states: “Petitioner notes
`
`that neither claim 27 nor claim 35 requires any particular device to perform the
`
`recited ‘updating’ operations.” (Reply at 5.) In its Petition, Petitioner
`
`unequivocally stated that “When monitor 34 receives a signal from the remote
`
`control, monitor 34 updates the state data stored in its memory.” (Petition at 28,
`
`32 (emphasis added).) Petitioner does not provide any citations to its Petition, or
`
`even Patent Owner’s Response, in support of its new Reply argument. (Reply at
`
`5.) The Board should reject Petitioner’s new, untimely argument, as Patent Owner
`
`has not been provided a full and fair opportunity to respond.
`
`2
`
`
`
`IPR2014-01103
`
`
`
`U.S. Patent No. 5,552,917
`
`
`
`Respectfully Submitted,
`GREENBERG TRAURIG, LLP
`
`
`
`
`
`
`
` /Eric J. Maiers/
`
`
`By: Eric J. Maiers, Reg. No. 59,614
`James J. Lukas, Reg. No. 59,114
`Matthew J. Levinstein, Pro Hac Vice
`Rob R. Harmer, Reg. No. 68,048
`77 West Wacker Drive, Suite 3100
`Chicago, Illinois 60601
`(312) 456-8400
`
`
`
`
`
`
`
`
`Date: July 1, 2015
`
`
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on the below date, I caused the
`
`foregoing to be served upon the following counsel of record via electronic mail
`
`(with counsel’s agreement):
`
`Douglas A. Miro
`Keith Barkaus
`Jeannie Ngai
`Ostrolenk Faber LLP
`1180 Avenue of the Americas New
`York, NY 10036
`Telephone: (212) 596-0500
`Facsimile: (212) 382-0888
`dmiro@ostrolenk.com
`kbarkaus@ostrolenk.com
`JNgai@ostrolenk.com
`
`Peter H. Kang, Reg. No. 40,350
`Theodore W. Chandler, Reg. No. 50,319
`Ferenc Pazmandi, Reg. No. 66,216
`Sidley Austin LLP
`1001 Page Mill Rd.
`Building One
`Palo Alto, CA 94304
`Telephone: (650) 565-7000
`Facsimile: (65) 565-7100
`pkang@sidley.com
`tchandler@sidley.com
`fpazmandi@sidley.com
`urc@sidley.com
`
`July 1, 2015
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Cynthia Tapia
`Cynthia Tapia
`
`
`Date:
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