`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________________
`
`APPLE INC.
`Petitioner
`
`V.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`Patent Owner
`___________________________
`
`Case No. IPR2016-00755
`U.S. Patent No. 8,191,091
`___________________________
`
`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70 and Paper 39, Patent Owner Personalized
`
`IPR2016-00755
`Patent No. 8,191,091
`
`
`
`Media Communications, LLC (“PMC”) hereby submits the following objections to
`
`Petitioner’s demonstrative exhibits. Petitioner and PMC met and conferred on
`
`June 1-2, 2017 but were unable to reach a resolution regarding the following
`
`objections.
`
`PMC objects to Petitioner’s Slides 5, 8, 13, 15, 16, 18, 21, 25, 27, 28, 33, 41,
`
`43, 46, and 53 for their extensive citations to, and block-quotes of, entire
`
`paragraphs from the Board’s Institution Decision (Paper No. 14) as if they were
`
`supporting evidence. The Institution Decision, reflecting the Board’s preliminary
`
`findings, is neither “evidence in the record” nor Petitioner’s own arguments as
`
`presented in its papers. See Paper 39 at 3 (“demonstrative exhibits should cite to
`
`evidence in the record.”); CBS Interactive Inc. v. Wireless Scis. LLC, Case
`
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) at 3 (“Whatever a party desires
`
`to present, for whatever reason, should have already been presented in the party’s
`
`[filings], or other exhibits”). PMC therefore requests that the block-quotes of
`
`Paper No. 14 be stricken from those slides.
`
`PMC objects to Petitioner’s Slides 58-61 in their entireties because they are
`
`directed solely to issues related to PMC’s Contingent Motion to Amend (Paper 21)
`
`on which PMC will not present anything during the oral hearing. See Paper 39 at
`
`2-3 (“On rebuttal, each party will be restricted to only those matters raised by the
`
`1
`
`
`
`other party in its initial presentation.”). PMC therefore requests that Slides 58-61
`
`IPR2016-00755
`Patent No. 8,191,091
`
`
`be deleted in their entireties from Petitioner’s demonstrative exhibits.
`
`
`Dated: June 2, 2017
`
`Respectfully submitted,
`
`
`
`By
`/ Douglas J. Kline /
`Douglas J. Kline
`Registration No.: 35,574
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`(617) 570-1209
`
`Attorney for Patent Owner Personalized
`Media Communications, LLC
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the:
`
`IPR2016-00755
`Patent No. 8,191,091
`
`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S DEMONSTRATIVE EXHIBITS
`
`filed herewith was served, pursuant to 37 C.F.R. §42.6(e)(1) and the consent found
`in Section III.D of the Petition (Paper No. 1), by electronic mail on counsel for
`Petitioner at the electronic mail addresses set forth below:
`
`
`Marcus E. Sernel, Joel R. Merkin, and Eugene Goryunov
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`P: (312) 862-2000; F: (312) 862-2200
`marc.sernel@kirkland.com
`joel.merkin@kirkland.com
`eugene.goryunov@kirkland.com
`Apple-PMC-PTAB@kirkland.com
`
`Gregory S. Arovas
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York 10022
`P: (212) 446-4800; F: (212) 446-4900
`greg.arovas@kirkland.com
`
`
`
`
`
`
`
`Dated: June 2, 2017
`
`By:
`
`
`
`/ Douglas J. Kline /
`
`
`
`
`
`
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
