`
`____________
`
`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 OBJECTION TO THE SUPPLEMENTAL
`DECLARATION OF MR. KLAUSNER
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), TriPlay, Inc. (“Patent Owner”) hereby
`
`objects to the Supplemental Declaration of Mr. Klausner dated September 21, 2015
`
`(“the Klausner Supplemental Declaration”).
`
`At paragraph 3, Mr. Klausner asserts that the ground for submitting the
`
`Klausner Supplemental Declaration in response to Patent Owner’s Objections to
`
`Evidence Submitted in the Petition, dated September 4, 2015 (“the PO
`
`Objections”) was that:
`
`The definition of a person of ordinary skill in the
`art set forth in the Objections differs from the one
`that I adopted in my original declaration.
`
`Patent Owner notes that Mr. Klausner’s above assertion is incorrect. On the
`
`contrary, in PO Objections, the Patent Owner did not offer its own definition for a
`
`person of ordinary skill in the art at the time of the ‘475 patent (“a POSITA”), the
`
`Patent Owner merely summarized for convenience Mr. Klausner’s testimony over
`
`several sentences regarding a POSITA at paragraph 10 of Mr. Klausner’s original
`
`declaration filed with the petition.1 Consequently, since the Patent Owner did not
`
`offer its own definition for a POSITA in PO Objections, the submission of the
`
`Klausner Supplemental Declaration is improper and whatever alleged evidence is
`
`proffered by it should have been timely included with the filing of the petition.
`
`
`1 This should not waive Patent Owner’s right to provide a different definition for a
`POSITA at an appropriate time.
`
`
`
`2
`
`
`
`Consequently, being improper, the Klausner Supplemental Declaration should be
`
`excluded from being entertained in this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 28, 2015
`
`
`
`
`
`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
`200 Park Avenue
`P.O. Box 677
`Florham Park, NJ 07932
`Telephone: 973-360-7900
`Facsimile: 973-301-8410
`SchindlerB@gtlaw.com
`njdocket@gtlaw.com
`
`Counsel for Patent Owner TriPlay Inc.
`
`
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
