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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`BUNGIE, INC.,
`Petitioner
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`v.
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`WORLDS INC.,
`Patent Owner
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`_______________
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`Case IPR2015-01319
`Patent 8,082,501
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`_______________
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`PATENT OWNER WORLDS INC’S
`OBJECTIONS TO PETITIONERS’ EXHIBIT 1037
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`On February 12, 2016, during Patent Owner’s deposition in this matter of
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`Petitioner’s technical declarant, Dr. Michael Zyda, Petitioner presented Dr. Zyda
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`with an Ex. 1037 for the purposes of cross-examination. Patent Owner timely
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`objected at that time, consistent with Appendix D of the Office Patent Trial
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`Practice Guide and 37 C.F.R. § 42.64(a). Exhibit 1037 has not been entered into
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`the record for this case. However, these objections are being filed no later than
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`five business days after Petitioner’s use of Ex. 1037 during the deposition of Dr.
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`Zyda.
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`According to the representation of Petitioner’s counsel, Ex. 1037 was
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`downloaded by Petitioner’s counsel on February 11, 2016 from “Professor
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`Funkhouser’s Princeton website.”
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`Patent Owner objects to Petitioner’s Ex. 1037 for the reasons set forth
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`below:
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`1. Failure to authenticate Ex. 1037 ;
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`2. Failure to establish that Ex. 1037 is a “printed publication” within the
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`meaning of pre-AIA 35 U.S.C. § 102;
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`3. Failure to establish that Ex. 1037 is prior art within the meaning of pre-
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`AIA 35 U.S.C. § 102;
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`4. Failure to establish that Ex. 1037 is relevant to any issue in this matter;
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`Case No. IPR2015-01319
`Patent 8,082,501
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`5. Failure to establish that any relevance Ex. 1037 might have to this matter
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`substantially outweighs the danger of unfair prejudice and confusing the
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`issues;
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`6. Failure to include Ex. 1037 with the Petition as required under 37 C.F.R.
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`§ 42.104(b)(5);
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`7. Failure to introduce Ex. 1037 into the record as supplemental evidence as
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`would be required under 37 C.F.R. § 42.64(b)(2); and
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`8. Failure to introduce Ex. 1037 into the record as supplemental information
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`as would be required under 37 C.F.R. § 42.123.
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`Respectfully submitted,
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`By: /s/ Wayne M. Helge
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`Registration No. 56,905
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`Lead Counsel for Patent Owner
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`Dated: February 19, 2016
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`3
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`Case No. IPR2015-01319
`Patent 8,082,501
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`
`CERTIFICATE OF SERVICE
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`I hereby certify that on February 19, 2016, a true and correct copy of the foregoing Patent
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`
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`Owner’s Objections to Petitioner’s Ex. 1037 was served via email, by consent, to Petitioner by
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`serving the correspondence email addresses of record as follows:
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`Matthew A. Argenti
`Reg. No. 61,836
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 354-4154
`Facsimile: (650) 493-6811
`E-mail: margenti@wsgr.com
`
`
`
`Michael T. Rosato
`Reg. No. 52,182
`Andrew S. Brown
`Reg. No. 74,177
`Wilson Sonsini Goodrich & Rosati
`701 Fifth Ave.
`Suite 5100
`Seattle, WA 98104-7036
`Telephone: (206) 883-2529
`Facsimile: (206) 883-2699
`E-mail: mrosato@wsgr.com
`E-mail: asbrown@wsgr.com
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`By:
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`/s/ Wayne M. Helge
`Registration No. 56,905
`Counsel for Patent Owner
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`4
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