`Patent 7,764,777
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`Paper No. 38
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`BRIGHT HOUSE NETWORKS, LLC
`WIDEOPENWEST FINANCE, LLC
`KNOLOGY OF FLORIDA, INC.
`BIRCH COMMUNICATIONS, INC.
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`Petitioner
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`v.
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`FOCAL IP, LLC,
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`Patent Owner
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`________________
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`Case IPR2016-01262
`Patent Number: 7,764,777
`________________
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`PATENT OWNER FOCAL IP, LLC’S OBJECTIONS TO EVIDENCE
`SUBMITTED UNDER 37 C.F.R. § 42.64(b)(1)
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`Case IPR2016-01262
`Patent 7,764,777
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`Paper No. 38
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Focal IP, LLC hereby
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`objects to the following evidence submitted, relied on, or cited to by Petitioners
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`Bright House Networks, LLC, WideOpenWest Finance, LLC, Knology of Florida,
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`Inc., and Birch Communications, Inc. in connection with Petitioners’ Reply to
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`Patent Owner’s Response filed on June 26, 2017 and Petitioners’ Opposition to
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`Patent Owner’s Contingent Motion to Amend filed on June 26, 2017.
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`1. Exhibit 1061 (transcript of deposition of Edward Dean Willis in IPR2016-
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`01254 and IPR2016-01257) is objected to as hearsay under Fed. R. Evid.
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`801-802 because Dr. Willis is not an expert for Petitioners and the
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`deposition of Dr. Willis was taken in different proceedings with different
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`claims and/or prior art at issue. In addition, Exhibit 1061 is objected to
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`under Fed. R. Evid. 401-403 and 37 C.F.R. § 42.62 because the deposition
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`was taken in different proceedings with different claims and/or prior art at
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`issue. The Exhibit is therefore irrelevant to this proceeding. Alternatively,
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`the Exhibit is unfairly prejudicial, misleading, and confuses the issues.
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`2. The use of Exhibits 1057 (U.S. Patent No. 6,442,169 to Lewis) and 1058
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`(U.S. Patent No. 6,333,931 to LaPier) in connection with the Petition for
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`Inter Partes Review is objected to under Fed. R. Evid. 401-403 and 37
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`C.F.R. § 42.62 because the Exhibits are beyond the scope of the instituted
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`Case IPR2016-01262
`Patent 7,764,777
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`Paper No. 38
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`inter partes review, and are unfairly prejudicial, misleading, and confuse
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`the issues.
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`3. Paragraphs 34-36, 39, and 41-43, and other paragraphs of Exhibit 1065
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`(Expert Declaration of Thomas F. La Porta) that rely, directly or indirectly,
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`on Exhibits 1057, 1058, and 1061 are objected to under Fed. R. Evid. 401-
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`403 and 37 C.F.R. § 42.62. As explained above, Exhibits 1057, 1058, and
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`1061 are irrelevant, unfairly prejudicial, misleading, and confuse the
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`issues. Accordingly, testimony regarding Exhibits 1057, 1058, and 1061
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`is irrelevant, unfairly prejudicial, misleading, and confuses the issues.
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`4. Exhibits 1067 and 1068 are objected to under 37 C.F.R. § 42.24(b) and the
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`Board’s guidance in Paper No. 29 because they circumvent the page limits
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`for Petitioners’ Opposition to Patent Owner’s Contingent Motion to
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`Amend.
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`Dated: June 30, 2017
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`Respectfully Submitted,
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`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
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`Registration No. 48,476
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3490
`Email: brent@nelbum.com
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`Case IPR2016-01262
`Patent 7,764,777
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`Paper No. 38
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 30th day of June 2017, a copy of Patent Owner
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`FOCAL IP, LLC’s Response to Petition for Inter Partes Review has been served in
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`its entirety via email on the following:
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`Wayne Stacy
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, TX 75201
`Phone: (214) 953-6678
`Facsimile: (214) 661-4678
`wayne.stacy@bakerbotts.com
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`Sarah J. Guske
`BAKER BOTTS L.L.P.
`101 California Street, #3070
`San Francisco, CA 94111
`Phone: (415) 291-6205
`Facsimile: (415) 291-6305
`sarah.guske@bakerbotts.com
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`May Eaton
`BAKER BOTTS L.L.P.
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Phone: (650) 739-7520
`Facsimile: (650) 739-7620
`may.eaton@bakerbotts.com
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`Paper No. 38
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`Case IPR2016-01262
`Patent 7,764,777
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`Patrick McPherson
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington DC 20004
`Tel: 202-776-5214
`Fax: 202-776-7801
`PDMcPherson@duanemorris.com
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`Christopher Tyson
`Duane Morris LLP
`505 9th St. NW, Ste 1000
`Washington DC 20004
`Tel: 202-776-7851
`Fax: 202-776-7801
`CJTyson@duanemorris.com
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`Kyle Lynn Elliott
`Spencer Fane LLP
`1000 Walnut, Suite 1400
`Kansas City, MO 64106
`Tel: 816-292-8150
`Fax: 816-474-3216
`sfbbaction@spencerfane.com
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`Dated: June 30, 2017
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`Respectfully Submitted,
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`/s/ Brent N. Bumgardner
`Brent N. Bumgardner
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`Registration No. 48,476
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-3490
`Email: brent@nelbum.com
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