`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`BUNGIE, INC.,
`Petitioner
`
`v.
`
`WORLDS INC.,
`Patent Owner
`_______________
`
`Case IPR2015-01319
`Patent 8,082,501
`_______________
`
`
`
`PATENT OWNER WORLDS INC’S
`OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`On May 16, 2016, during Petitioner’s deposition of Mark Pesce, Petitioner
`
`
`
`presented Mr. Pesce with documents marked as Ex. 1041 and Ex. 1042. Exhibits
`
`1041 and 1042 have not been entered into the record for this case. However, these
`
`objections are being filed no later than five business days after the agreed-upon
`
`date of service by the parties. Patent Owner Worlds Inc. timely objects under 37
`
`C.F.R. § 42.64(b)(1) to the evidence served by Petitioner on May 16, 2016 for the
`
`reasons set forth below:
`
`Identity of
`
`Exhibit
`
`Portion to
`be Excluded
`
`Objection
`
`Grounds
`
`
`
`1
`
`
`
`Identity of
`
`Exhibit
`
`Portion to
`be Excluded
`
`1041
`
`All
`
`Objection
`
`Grounds
`
`FRE 401/402,
`FRE 403,
`FRE 404,
`FRE 405,
`FRE607-609
`
`Ex. 1041 is not relevant to any
`issue in this proceeding under FRE
`401/402; Ex. 1041 is unfairly
`prejudicial and under FRE 403 any
`probative value of the evidence as
`to Mr. Pesce’s qualifications to
`serve as an expert and as to Mr.
`Pesce’s credibility in this
`proceeding is substantially
`outweighed by the danger of unfair
`prejudice due to Ex. 1041; Ex.
`1041 is not admissible for proving
`character of the witness under FRE
`404 and is not relevant or
`admissible as evidence of
`truthfulness under FRE 608; Ex.
`1041 is not specifically admissible
`under FRE 607 or 609; FRE 405
`limits the use of “specific instances
`of [a] person’s conduct” to those
`cases “in which character or a trait
`of character of a person is an
`essential element of a charge,
`claim, or defense … .” No such
`essential element exists in this
`proceeding.
`
`
`
`2
`
`
`
`Objection
`
`Grounds
`
`FRE 401/402,
`FRE 403,
`FRE 404,
`FRE 405,
`FRE607-609
`
`Ex. 1042 is not relevant to any
`issue in this proceeding under FRE
`401/402; Ex. 1042 is unfairly
`prejudicial and under FRE 403 any
`probative value of the evidence as
`to Mr. Pesce’s qualifications to
`serve as an expert and as to Mr.
`Pesce’s credibility in this
`proceeding is substantially
`outweighed by the danger of unfair
`prejudice due to Ex. 1042; Ex.
`1042 is not admissible for proving
`character of the witness under FRE
`404 and is not relevant or
`admissible as evidence of
`truthfulness under FRE 608; Ex.
`1042 is not specifically admissible
`under FRE 607 or 609; FRE 405
`limits the use of “specific instances
`of [a] person’s conduct” to those
`cases “in which character or a trait
`of character of a person is an
`essential element of a charge,
`claim, or defense … .” No such
`essential element exists in this
`proceeding.
`
`Identity of
`
`Exhibit
`
`Portion to
`be Excluded
`
`1042
`
`All
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Wayne M. Helge
`Wayne M. Helge (Reg. No. 56,905)
`Donald L. Jackson (Reg. No. 41,090)
`Michael R. Casey (Reg. No. 40,294)
`DAVIDSON BERQUIST JACKSON & GOWDEY,
`LLP
`8300 Greensboro Drive, Suite 500
`McLean, VA 22102
`Telephone: 571-765-7700
`Fax: 571-765-7200
`Email: whelge@dbjg.com
`Email: djackson@dbjg.com
`Email: mcasey@dbjg.com
`
` Counsel for Patent Owner
`
`
`
`
`
`4
`
`
`
`Dated: May 23, 2016
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on May 23, 2016, a true and correct copy of the
`
`foregoing Patent Owner Worlds Inc.’s Objections To Petitioner’s Evidence
`
`Pursuant To 37 C.F.R. § 42.64(B)(1) is being served via email by consent to the
`
`Petitioner at the correspondence addresses of record as follows:
`
`Michael T. Rosato
`Reg. No. 52,182
`Andrew S. Brown
`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
`
`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
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Wayne M. Helge
`
`Registration No. 56,905
`
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
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