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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`WHATSAPP INC. and FACEBOOK, INC.
`
`Petitioner
`
`v.
`
`TRIPLAY, INC.
`
`Patent Owner
`
`IPR2015‐00740
`
`____________
`
`Patent 8,332,475 B2
`
`
`
`PATENT OWNER’S OBJECTIONS TO PORTIONS OF EXHIBIT 1013 (THE
`REPLY DECLARATION OF MR. KLAUSNER), EXHIBIT 1018, AND
`EXHIBITS 1021-1024
`
`
`
`

`
`
`
`TriPlay, Inc. (“Patent Owner”) hereby objects to certain exhibits and
`
`portions of exhibits cited in the Petitioners’ Reply (“the Reply”). In particular, and
`
`as detailed below, the Patent Owner objections to portions of Exhibit 1013 (the
`
`Reply Declaration of Mr. Klausner (“the Klausner Reply Declaration”)) and
`
`Exhibits 1018, 1021, 1022, 1023 and 1204.
`
`On April 5, 2016, Petitioner filed the Reply. On April 7, 2016, the Patent
`
`Owner promptly reached out to Petitioner’s counsel to schedule a cross-
`
`examination of Mr. Klausner to investigate the bases of grounds to exclude
`
`portions of the Klausner Reply Declaration and other Exhibits cited therein. Mr.
`
`Klausner was out of the country so the parties agreed on April 11, 2016 to conduct
`
`a telephone deposition of Mr. Klausner which took place yesterday, April 13,
`
`2016. The deposition establishes that portions of the Klausner Reply Declaration
`
`and certain exhibits cited therein constitute new evidence necessary to make out a
`
`prima facia case of unpatentability. Accordingly, Patent Owner makes the
`
`following objections:
`
`Objections
`
`1.
`
`Patent Owner objects to the portion of paragraph 29 of Ex. 1013, beginning
`
`with “One of ordinary skill in the art ….” to the end of paragraph 29, because it
`
`presents new evidence necessary to make out a prima facie case of unpatentability.
`
`
`
`2
`
`

`
`2.
`
`Patent Owner objects to paragraph 30 of Ex. 1013 because it presents new
`
`evidence necessary to make out a prima facie case of unpatentability.
`
`3.
`
`Patent Owner objects to paragraph 38 of Ex. 1013 because it presents new
`
`evidence necessary to make out a prima facie case of unpatentability.
`
`4.
`
`Patent Owner objects to the last sentence of paragraph 47 of Ex. 1013
`
`because it presents new evidence necessary to make out a prima facie case of
`
`unpatentability.
`
`5.
`
`Patent Owner objects to paragraph 51 of Ex. 1013 because it presents new
`
`evidence necessary to make out a prima facie case of unpatentability.
`
`6.
`
`Patent Owner objects to paragraph 52 of Ex. 1013 because it presents new
`
`evidence necessary to make out a prima facie case of unpatentability.
`
`7.
`
`Patent Owner objects to Ex. 1018 because it presents new evidence
`
`necessary to make out a prima facie case of unpatentability.
`
`8.
`
`Patent Owner objects to Ex. 1021 because it presents new evidence
`
`necessary to make out a prima facie case of unpatentability.
`
`9.
`
`Patent Owner objects to Ex. 1022 because it presents new evidence
`
`necessary to make out a prima facie case of unpatentability.
`
`10. Patent Owner objects to Ex. 1023 because it presents new evidence
`
`necessary to make out a prima facie case of unpatentability.
`
`
`
`3
`
`

`
`11. Patent Owner objects to Ex. 1024 because it presents new evidence
`
`necessary to make out a prima facie case of unpatentability.
`
`Respectfully submitted,
`
`
`/Barry J. Schindler/
` By
`Barry J. Schindler (Reg. No. 32,938)
`Douglas Weider
`Lennie A. Bersh (Reg. No. 55,000)
`Greenberg Traurig, LLP
`500 Campus Drive, Suite # 400
`Florham Park, NJ 07932
`Telephone: 973-360-7900
`Facsimile: 973-301-8410
`SchindlerB@gtlaw.com
`njdocket@gtlaw.com
`
`Counsel for Patent Owner TriPlay Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: April 14, 2016
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`
`CERTIFICATE OF SERVICE
`
`It is certified that a copy of the PATENT OWNER’S OBJECTIONS TO
`
`PORTIONS OF EXHIBIT 1013 (THE REPLY DECLARATION OF MR.
`
`KLAUSNER), EXHIBIT 1018, AND EXHIBITS 1021-1024 has been served on
`
`Petitioner as provided in 37 C.F.R. § 42.6(e) via electronic mail transmission
`
`addressed to the lead counsel and persons at the addresses below:
`
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`rchen@cooley.com
`WhatApp_PTAB_IPR@cooley.com
`Heidi L. Keefe
`COOLEY LLP
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`Dated: April 14, 2016
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/Barry J. Schindler/
` By
`Barry J. Schindler (Reg. No. 32,938)
`Greenberg Traurig, LLP
`500 Campus Drive, Suite # 400
`Florham Park, NJ 07932
`Telephone: 973-360-7900
`Facsimile: 973-301-8410
`SchindlerB@gtlaw.com
`njdocket@gtlaw.com
`
`
`
`Counsel for Patent Owner TriPlay Inc.
`
`
`
`5

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