UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
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`Petitioner,
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`v.
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`BRADIUM TECHNOLOGIES LLC,
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`Patent Owner.
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`PTAB Case No. IPR2016-00448
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`Patent No. 7,908,343 B2
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`PETITIONER’S OBJECTIONS TO PATENT OWNER'S
`EVIDENCE UNDER 37 C.F.R. § 42.64(b)(1)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
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`Petitioner,
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`v.
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`BRADIUM TECHNOLOGIES LLC,
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`Patent Owner.
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`PTAB Case No. IPR2016-00448
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`Patent No. 7,908,343 B2
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`PETITIONER’S OBJECTIONS TO PATENT OWNER'S
`EVIDENCE UNDER 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Microsoft Corporation
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`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
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`hereby timely objects to evidence submitted by Patent Owner, Bradium
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`Technologies LLC, with the Patent Owner Response (Papers 17 and 18) filed
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`November 7, 2016. The objections are based on 37 C.F.R. Part 42, and the
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`relevant portions of Federal Rules of Evidence (“FRE”) that are applicable to IPR
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`proceedings under 37 C.F.R. § 42.62.
`
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`1.
`
`Exhibit 2016 (PricewaterhouseCoopers webpage, The Global Innovation
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`1000: Top 29 R&D Spenders 2005-2015, available at
`
`http://www.strategyand.pwc.com/global/home/what-we-
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`hink/innovation1000/top-20-rd-spenders-2015) should be excluded for at
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`least the following reasons: the exhibit constitutes hearsay and hearsay
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`within hearsay under FRE 801, 802, and 805; the exhibit lacks
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`authentication under FRE 901, 902, and 903; the exhibit is not relevant
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`under FRE 402 and confuses the issues and wastes time under FRE 403.
`
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`2.
`
`Exhibit 2017 (Statista webpage, Microsoft's expenditure on research and
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`development from 2002 to 2016 (in million U.S. dollars), available at
`
`https://www.statista.com/statistics/267806/expenditure-on-research-and-
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`development-by-the-microsoft-corporation/) should be excluded for at
`
`least the following reasons: the exhibit constitutes hearsay and hearsay
`
`within hearsay under FRE 801, 802, and 805; the exhibit lacks
`
`1
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`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
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`authentication under FRE 901, 902, and 903; the exhibit is not relevant
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`under FRE 402 and confuses the issues and wastes time under FRE 403.
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`3.
`
`Exhibit 2018 (Frost & Sullivan webpage, Convergence in North America
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`Automotive Industry, dated December 15, 2008, available at
`
`http://www.frost.com/srch/catalog-
`
`search.do?search_paths%5B%5D=&sortBy=R&searchType=sub&queryT
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`ext=3DVU&rd_submit=Go) should be excluded for at least the following
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`reasons: the exhibit is incomplete and misleading under FRE 106 without
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`the full report from which the exhibit appears to contain a very brief
`
`paraphrased excerpt; the exhibit constitutes hearsay and hearsay within
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`hearsay under FRE 801, 802, and 805; the exhibit lacks authentication
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`under FRE 901, 902, and 903; the exhibit is not relevant under FRE 402
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`and confuses the issues and wastes time under FRE 403.
`
`
`4.
`
`Ex. 2021 (Directions Magazine webpage, 3DVU Launches Navi2Go for
`
`BlackBerry, the First 3D Picture Navigation, in Anticipation of the Bold,
`
`dated July 11, 2008, available at
`
`http://www.directionsmag.com/pressreleases/3dvu-launches-navi2go-for-
`
`blackberry-the-first-3d-picture-navigation-in-ant/115362) should be
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`excluded for at least the following reasons: the exhibit constitutes hearsay
`
`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`2
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
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`lacks authentication under FRE 901, 902, and 903; the exhibit is not
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`relevant under FRE 402 and confuses the issues and wastes time under
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`FRE 403.
`
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`5.
`
`Ex. 2030 (Silicom Ventures webpage, FlyOver Visual MAPTM
`
`Technology the first 3D aerial imagery Map to enriched Kenwood’s new
`
`HDD car navigation system, dated October 6, 2002, available at
`
`http://www.silicomventures.com/newsletter_10_29_02/FlyOver.htm)
`
`should be excluded for at least the following reasons: the exhibit
`
`constitutes hearsay and hearsay within hearsay under FRE 801, 802, and
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`805; the exhibit lacks authentication under FRE 901, 902, and 903; the
`
`exhibit is not relevant under FRE 402 and confuses the issues and wastes
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`time under FRE 403.
`
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`6.
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`Ex. 2032 (PRweb webpage, FlyOver 2nd generation Visual MAP™
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`Technology fuel Kenwood new Theater Navi - with 3D aerial imagery
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`map, dated February 11, 2004, available at
`
`http://www.prweb.com/releases/2004/02/prweb103763.htm) should be
`
`excluded for at least the following reasons: the exhibit constitutes hearsay
`
`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`lacks authentication under FRE 901, 902, and 903; the exhibit is not
`
`3
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
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`relevant under FRE 402 and confuses the issues and wastes time under
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`FRE 403.
`
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`7.
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`Ex. 2034 (3DVU Document, dated September 13, 2005) should be
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`excluded for at least the following reasons: the portions of the exhibit
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`exhibit containing 3DVU’s purported responses constitute hearsay and
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`hearsay within hearsay under FRE 801, 802, and 805.
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`8.
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`Ex. 2035 (C.E. Unterberg, Towbin, Keyhole Deal Value Analysis, dated
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`October 28, 2005) should be excluded for at least the following reasons:
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`the exhibit constitutes hearsay and hearsay within hearsay under FRE 801,
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`802, and 805; the exhibit lacks authentication under FRE 901, 902, and
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`903; the exhibit is not relevant under FRE 402 and confuses the issues and
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`wastes time under FRE 403.
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`9.
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`Ex. 2036 (C.E. Unterberg, Towbin, Valuation Summary Regarding
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`3DVU, dated September 26, 2005) should be excluded for at least the
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`following reasons: the exhibit constitutes hearsay and hearsay within
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`hearsay under FRE 801, 802, and 805; the exhibit lacks authentication
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`under FRE 901, 902, and 903; the exhibit is not relevant under FRE 402
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`and confuses the issues and wastes time under FRE 403.
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` Ex. 2039 (The Auto Channel webpage, Daewoo to Showcase 3DVU’s
`10.
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`Visual Map Navigation Technology at the Busan International Motor
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`4
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`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
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`Show, Korea, dated April 30, 2006, available at
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`http://www.theautochannel.com/news/2006/04/30/005219.html) should be
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`excluded for at least the following reasons: the exhibit constitutes hearsay
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`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
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`lacks authentication under FRE 901, 902, and 903; the exhibit is not
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`relevant under FRE 402 and confuses the issues and wastes time under
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`FRE 403.
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` Ex. 2044 (Tech Node webpage, Navi2Go – 3D Image Navigation System
`11.
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`on Mobile Phone, dated December 3, 2008, available at
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`http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2
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`&ved=0ahUKEwjXiODdn_zPAhVG9YMKHamADQYQFggjMAE&url=
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`http%3A%2F%2Ftechnode.com%2F2008%2F12%2F03%2Fnavi2go-
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`%25E2%2580%2593-3d-image-navigation-system-on-mobile-
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`phone%2F&usg=AFQjCNEKfI-lLbA7ehvu7X1hc7e-ImGPvQ) should be
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`excluded for at least the following reasons: the exhibit constitutes hearsay
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`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`lacks authentication under FRE 901, 902, and 903; the exhibit is not
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`relevant under FRE 402 and confuses the issues and wastes time under
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`FRE 403.
`
`5
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`
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` Ex. 2045 (CNET webpage, 3DVU announces Way2Go 3D mobile
`12.
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`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
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`mapping, dated January 8, 2009, available at
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`https://www.cnet.com/news/3dvu-announces-way2go-3d-mobile-
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`mapping/) should be excluded for at least the following reasons: the
`
`exhibit constitutes hearsay and hearsay within hearsay under FRE 801,
`
`802, and 805; the exhibit lacks authentication under FRE 901, 902, and
`
`903; the exhibit is not relevant under FRE 402 and confuses the issues and
`
`wastes time under FRE 403.
`
` Ex. 2046 (Directions Magazine webpage, 3DVU Releases the Ultimate
`13.
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`Game-Changer in Mobile Navigation, Navi2Go Two-for-One, dated
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`December 9, 2008, available at
`
`http://www.directionsmag.com/pressreleases/3dvu-releases-the-ultimate-
`
`game-changer-in-mobile-navigation-navi2go-two-fo/116777) should be
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`excluded for at least the following reasons: the exhibit constitutes hearsay
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`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`lacks authentication under FRE 901, 902, and 903; the exhibit is not
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`relevant under FRE 402 and confuses the issues and wastes time under
`
`FRE 403.
`
` Ex. 2047 (Directions Magazine webpage, 3DVU Enhancing Over 80
`14.
`
`Million Nokia Phones With Navi2Go, the Only 3D Virtual World Mobile
`
`6
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`Navigation, dated September 17, 2008, available at
`
`http://www.directionsmag.com/pressreleases/3dvu-enhancing-over-80-
`
`million-nokia-phones-with-navi2go-the-only-3d-virtua/116005) should be
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`excluded for at least the following reasons: the exhibit constitutes hearsay
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`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`lacks authentication under FRE 901, 902, and 903; the exhibit is not
`
`relevant under FRE 402 and confuses the issues and wastes time under
`
`FRE 403.
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` Ex. 2048 (Directions Magazine webpage, 3DVU’s Mobile Navigation
`15.
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`Best Seller on Sprint’s Shop, dated June 20, 2008, available at
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`http://www.directionsmag.com/pressreleases/3dvu146s-mobile-
`
`navigation-best-seller-on-sprint146s-shop/115112) should be excluded for
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`at least the following reasons: the exhibit constitutes hearsay and hearsay
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`within hearsay under FRE 801, 802, and 805; the exhibit lacks
`
`authentication under FRE 901, 902, and 903; the exhibit is not relevant
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`under FRE 402 and confuses the issues and wastes time under FRE 403.
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` Ex. 2049 (VC Café webpage, Navi2Go: the Ultimate Killer Navigation
`16.
`
`Application?, dated November 12, 2008, downloaded at
`
`http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1
`
`&ved=0ahUKEwiBrNmJmfzPAhWp1IMKHQWeCMgQFggcMAA&url=
`
`7
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`http%3A%2F%2Fwww.vccafe.com%2F2008%2F11%2F12%2Fnavi2go-
`
`the-ultimate-killer-navigation-
`
`application%2F&usg=AFQjCNH0entf5GH_owuOqqrUNRcEpj9hTA&bv
`
`m=bv.136811127,d.amc) should be excluded for at least the following
`
`reasons: the exhibit constitutes hearsay and hearsay within hearsay under
`
`FRE 801, 802, and 805; the exhibit lacks authentication under FRE 901,
`
`902, and 903; the exhibit is not relevant under FRE 402 and confuses the
`
`issues and wastes time under FRE 403.
`
` Ex. 2051 (Brochure Kenwood Car Navigation System, HDX-700, HDZ-
`17.
`
`2570iTS, HDZ-2500iS (2002)) should be excluded for at least the
`
`following reasons: the exhibit is written primarily in Japanese and a
`
`complete translation has not been provided for the exhibit as required by
`
`37 C.F.R. § 42.63(b); the exhibit is misleading and incomplete under FRE
`
`106 without a translation of the remaining portions of the exhibit; the
`
`exhibit constitutes hearsay and hearsay within hearsay under FRE 801,
`
`802, and 805.
`
` Ex. 2052 (Brochure Kenwood Car Navigation System, HDV-910, HDV-
`18.
`
`810, HDX-710, HDZ-2510iS (2004)) should be excluded for at least the
`
`following reasons: the exhibit is written primarily in Japanese and a
`
`complete translation has not been provided for the exhibit as required by
`
`8
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`37 C.F.R. § 42.63(b); the exhibit is misleading and incomplete under FRE
`
`106 without a translation of the remaining portions of the exhibit; the
`
`exhibit constitutes hearsay and hearsay within hearsay under FRE 801,
`
`802, and 805.
`
` Ex. 2053 (Brochure Kenwood Car Navigation System, HDV-910, HDV-
`19.
`
`810 (2004)) should be excluded for at least the following reasons: the
`
`exhibit is written primarily in Japanese and a complete translation has not
`
`been provided for the exhibit as required by 37 C.F.R. § 42.63(b); the
`
`exhibit is misleading and incomplete under FRE 106 without a translation
`
`of the remaining portions of the exhibit; the exhibit constitutes hearsay
`
`and hearsay within hearsay under FRE 801, 802, and 805.
`
` Ex. 2059 (Bing Maps Tile System, BING MAPS ARTICLES, available at
`20.
`
`http://msdn.microsoft.com/en-us/library/bb259689.aspx) should be
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`excluded for at least the following reasons: the exhibit is not relevant
`
`under FRE 402 and confuses the issues and wastes time under FRE 403.
`
` Ex. 2063 (PRweb webpage, 3DVU and Infoterra Signed a Memorandum
`21.
`
`of Understanding, dated September 15, 2005, available at
`
`http://www.prweb.com/releases/2005/09/prweb284722.htm) should be
`
`excluded for at least the following reasons: the exhibit constitutes hearsay
`
`and hearsay within hearsay under FRE 801, 802, and 805; the exhibit
`
`9
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`lacks authentication under FRE 901, 902, and 903; the exhibit is not
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`relevant under FRE 402 and confuses the issues and wastes time under
`
`FRE 403.
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` Ex. 2070 (3DVU YouTube Video: 3DVU Image Navigation fuels
`22.
`
`Kenwood Systems in Japan, dated August 22, 2006, available at
`
`https://www.youtube.com/watch?v=3btUNuCYM6M) the exhibit is
`
`written and spoken primarily in Japanese and a complete translation has
`
`not been provided for the exhibit as required by 37 C.F.R. § 42.63(b); the
`
`exhibit is misleading and incomplete under FRE 106 without a translation
`
`of the remaining portions of the exhibit; the exhibit constitutes hearsay
`
`and hearsay within hearsay under FRE 801, 802, and 805.
`
`These objections have been timely filed and served within FIVE business
`
`
`
`days of service of evidence, under 37 C.F.R. § 42.64(b)(1).
`
`10
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`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`Respectfully submitted,
`
`
`
` /Bing Ai /
`Lead Counsel
`Bing Ai, Reg. No. 43,312
`
`Back-up Counsel
`Matthew Bernstein, Pro Hac Vice
`Vinay Sathe, Reg. No. 55,595
`Patrick J. McKeever, Reg. No. 66,019
`
`Attorneys for Microsoft Corporation
`
`11
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`Dated: November 15, 2016
`
`
`
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
`
`
`
`
`
`Case No. IPR2016-00448, Patent 7,908,343 B2
`Petitioner's Objections to Patent Owner's Evidence
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a true copy of the foregoing
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER'S EVIDENCE UNDER 37
`
`C.F.R. § 42.64(b)(1) has been served in its entirety this 15th day of November
`
`2016 by electronic mail on the Patent Owner via its attorneys of record:
`
`Chris Coulson (ccoulson@kenyon.com)
`Michael Zachary (mzachary@kenyon.com)
`Clifford Ulrich (culrich@kenyon.com)
`Bradiumiprservice@kenyon.com
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`
`
`Respectfully submitted,
`
`Dated: November 15, 2016
`
`
`
`
`
` /Bing Ai/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
`
`Back-up Counsel
`Matthew Bernstein, Pro Hac Vice
`Vinay Sathe, Reg. No. 55,595
`Patrick J. McKeever, Reg. No. 66,019
`
`Attorneys for Microsoft Corporation
`
`1
`
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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