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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`
`
`_______________
`
`BUNGIE, INC.,
`Petitioner
`
`v.
`
`WORLDS INC.,
`Patent Owner
`
`_______________
`
`Case IPR2015-01319
`Patent 8,082,501
`
`_______________
`
`
`
`PATENT OWNER WORLDS INC’S
`OBJECTIONS TO PETITIONER’S REPLY EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`Patent Owner Worlds Inc. objects to Petitioner’s reply evidence filed and
`
`served on June 24, 2016 for the reasons set forth below:
`
`Identity of
`Exhibit
`1037
`
`Portion to be
`Excluded
`All
`
`1041
`
`All
`
`Objection
`
`1. FRE 901 - Failure to authenticate;
`2. FRE 402/402 - Failure to establish that Ex.
`1037 is a “printed publication” within the
`meaning of pre-AIA 35 U.S.C. § 102;
`Failure to establish that Ex. 1037 is prior
`art within the meaning of pre-AIA 35
`U.S.C. § 102; Failure to establish that Ex.
`1037 is relevant to any issue in this matter;
`Failure to establish that any relevance Ex.
`1037 might have to this matter substantially
`outweighs the danger of unfair prejudice
`and confusing the issues;
`3. Failure to include Ex. 1037 with the
`Petition as required under 37 C.F.R. §
`42.104(b)(5);
`4. Failure to introduce Ex. 1037 into the
`record as supplemental evidence under 37
`C.F.R. § 42.64(b)(2); and Failure to
`introduce Ex. 1037 into the record as
`supplemental information under 37 C.F.R.
`§ 42.123
`1. Ex. 1041 is not relevant to any issue in this
`proceeding under FRE 401/402;
`2. 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;
`3. 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;
`
`
`
`4. Ex. 1041 is not specifically admissible
`under FRE 607 or 609;
`5. 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.
`1. Ex. 1042 is not relevant to any issue in this
`proceeding under FRE 401/402;
`2. 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;
`3. 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;
`4. Ex. 1042 is not specifically admissible
`under FRE 607 or 609;
`5. 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.
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`By: /s/ Wayne M. Helge
`
`Registration No. 56,905
`
`Lead Counsel for Patent Owner
`
`3
`
`Case No. IPR2015-01319
`Patent No. 8,082,501
`
`
`1042
`
`All
`
`
`
`
`
`
`
`
`
`Dated: July 1, 2016
`
`
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`
`
`
`
`
`Case No. IPR2015-01319
`Patent No. 8,082,501
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 1, 2016, a true and correct copy of the foregoing Patent
`
`
`
`Owner’s Objections was served via email, by consent, to Petitioner by serving the
`
`correspondence email addresses of record as follows:
`
`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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`
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`By:
`
`
`
`/s/ Wayne M. Helge
`Registration No. 56,905
`Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`4
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`
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