`(309101-2121)
`
`
`
`
`IPR2016-01159
`U.S. Patent No. 8,694,657
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`FACEBOOK, INC.
`Petitioner
`
`v.
`
`WINDY CITY INNOVATIONS, LLC
`Patent Owner
`
`
`
`Case IPR2016-01159
`U.S. Patent No. 8,694,657
`
`
`
`
`
`PETITIONER FACEBOOK, INC.’S OBJECTIONS TO PATENT
`OWNER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`Atty Docket FABO-041/00US
`(309101-2121)
`
`
`
`
`
`IPR2016-01159
`U.S. Patent No. 8,694,657
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Facebook, Inc. (“Petitioner”)
`
`objects to the admissibility of the following evidence submitted by Patent Owner
`
`Windy City Innovations LLC (“Patent Owner”), i.e. Patent Owner’s substitute
`
`Exhibit 2012 filed with the PTAB on April 21, 2017. These objections are made
`
`within five business days from the filing and service of the evidence. Petitioner
`
`objects to the following documents on the following bases:
`
`Ex. 2012, Encyclopaedic Dictionary of Information Technology and
`
`Systems, A.E. Cawkill, De Gruyter Saur, (October 2013)
`
`Petitioner objects to this exhibit as inadmissible hearsay because it includes
`
`out of court statements offered for their truth and does not fall within any
`
`exception to the rule against hearsay. FRE 801, 802. To the extent that the
`
`authors(s) of the underlying document comment on the perception of others, opine
`
`on the functionalities of a product or process, and/or comment on the purported
`
`state of the art, the exhibit is objected to as inadmissible hearsay. FRE 801, 802.
`
`The document purports to be a copy and the purported authors are not under oath
`
`and are not subject to cross-examination in this proceeding.
`
`Petitioner objects to this exhibit as irrelevant and inadmissible. FRE 401,
`
`402. The contents of the exhibit are not relevant to claim construction, novelty,
`
`obviousness, or any issue related to the instituted ground. The contents of the
`
`exhibit do not correspond to any particular argument, and are thus not probative of
`
`
`
`1
`
`
`
`Atty Docket FABO-041/00US
`(309101-2121)
`
`any particular fact at issue. Further, this exhibit is irrelevant because Patent Owner
`
`IPR2016-01159
`U.S. Patent No. 8,694,657
`
`
`
`
`and/or Dr. Carbonell have not established that this exhibit reasonably would be
`
`relied upon by experts in the field. FRE 401, 402, 702.
`
`Petitioner objects to this exhibit as confusing the issues, misleading the fact-
`
`finders, and/or a waste of time because the cited portions are of minimal probative
`
`value and do not relate to claim construction, novelty, obviousness, or any issue
`
`related to the instituted ground. FRE 403. Petitioner objects to this exhibit as
`
`unfairly prejudicial. FRE 403.
`
`Petitioner objects to this exhibit as not properly authenticated and not self-
`
`authenticating. FRE 901, 902. For at least these reasons, Petitioner objects to this
`
`exhibit.
`
`Respectfully submitted,
`
`
`/Heidi L. Keefe/
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioner
`Facebook, Inc.
`
`
`
`
`
`By:
`
`
`
`
`
`Dated: April 28, 2017
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`2
`
`
`
`
`
`
`
`Atty Docket FABO-041/00US
`(309101-2121)
`
`
`
`
`
`IPR2016-01159
`U.S. Patent No. 8,694,657
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify, pursuant to 37 C.F.R. § 42.6, that a complete copy of the
`attached PETITIONER FACEBOOK, INC.’S OBJECTIONS TO PATENT
`OWNER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(B)(1) is being
`served on the 28th day of April, 2017, by electronic mail on counsel of record for
`the Patent Owner as follows:
`
`Vincent J. Rubino, III
`vrubino@brownrudnick.com
`Alfred R. Fabricant
`afabricant@brownrudnick.com
`Peter Lambrianakos
`plambrianakos@brownrudnick.com
`Shahar Harel
`sharel@brownrudnick.com
`Brown Rudnick LLP
`
`DATED: APRIL 28, 2017
`
`COOLEY LLP
`ATTN: Patent Docketing
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`144826111 v1
`
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`
`
`
`
`
`3
`
`
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