`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`GLOBAL TEL*LINK CORPORATION
`Petitioner
`
`v.
`
`SECURUS TECHNOLOGIES, INC.
`Patent Owner
`
`___________________
`
`Case IPR2016-01362
`Patent 9,083,850 B1
`_____________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`Petitioner Global Tel*Link Corporation hereby objects under the Federal
`
`Rules of Evidence (“FRE”) and 37 C.F.R. § 42.62 to the admissibility of the
`
`following evidence submitted by Patent Owner.
`
`Exhibit 2002––Declaration of Alan C. Bovik
`
`Petitioner objects to Exhibit 2002, the Bovik declaration, under FRE 703 as
`
`relying on improper evidence under FRE 401, 801, and 901—as the prejudicial
`
`effect of this evidence outweighs any probative value that it may have. E.g., Bovik
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`Decl. ¶¶ 81 and 140-145. The following paragraphs provide specific objections to
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`at least one of the documents that Dr. Greenspun references in his declaration, and
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`to the extent Dr. Greenspun relies on this document, Petitioner objects to his
`
`testimony for the same reasons.
`
`To the extent Patent Owner relies on the contents of the Bovik Declaration
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`for the truth of the matter asserted, Petitioner objects to such contents as
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`inadmissible hearsay under FRE 801 and 802 that does not fall under any
`
`exceptions, including those of FRE 803, 804, 805, or 807.
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`Exhibit 2003––Merriam-Webster Collegiate Dictionary Tenth Edition.
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`To the extent Patent Owner relies on the contents of Exhibit 2003 for the
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`truth of the matter asserted, Petitioner objects to such contents as inadmissible
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`hearsay under FRE 801 and 802 that does not fall under any exceptions, including
`
`those of FRE 803, 804, 805, or 807.
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`
`
`- 1 -
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`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`Petitioner objects to this document as not properly authenticated under FRE
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`901 because Patent Owner has not presented sufficient evidence to show that the
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`document is authentic nor that the document is self-authenticating under FRE 902.
`
`To the extent Patent Owner relies on the contents of this document to prove
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`the content of the original document, Petitioner objects to this document as not
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`being an original document under FRE 1002, an authentic duplicate under FRE
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`1003, nor a document that falls under any exceptions to the original-document
`
`requirement, including those of FRE 1004.
`
`Exhibit 2006–– DSKeye Gigabit Product Brief.
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`To the extent Patent Owner relies on the contents of Exhibit 2006 for the
`
`truth of the matter asserted, Petitioner objects to such contents as inadmissible
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`hearsay under FRE 801 and 802 that does not fall under any exceptions, including
`
`those of FRE 803, 804, 805, or 807.
`
`Petitioner objects to this document as not properly authenticated under FRE
`
`901 because Patent Owner has not presented sufficient evidence to show that the
`
`document is authentic nor that the document is self-authenticating under FRE 902.
`
`To the extent Patent Owner relies on the contents of this document to prove
`
`the content of the original document, Petitioner objects to this document as not
`
`being an original document under FRE 1002, an authentic duplicate under FRE
`
`
`
`- 2 -
`
`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`1003, nor a document that falls under any exceptions to the original-document
`
`requirement, including those of FRE 1004.
`
`
`
`
`
`
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`- 3 -
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`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`These objections are made pursuant to 37 C.F.R. § 42.64(b)(1) within five
`
`business days of service of evidence to which the objections are directed.
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`/Byron L. Pickard/
`
`
`
`Byron L. Pickard
`Registration No. 65,172
`Attorney for Petitioner
`
`
`Date: May 1, 2017
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`- 4 -
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`
`
`Case IPR2016-01362
`U.S. Patent No. 9,083,850
`CERTIFICATION OF SERVICE
`
`
`
`The undersigned hereby certifies that the foregoing PETITIONER’S
`
`OBJECTIONS TO PATENT OWNER’S EVIDENCE PURSUANT TO 37 C.F.R.
`
`§ 42.64(b)(1) was served electronically via e-mail on May 1, 2017, in its entirety
`
`on the following:
`
`Justin B. Kimble
`Jeffrey R. Bragalone
`Daniel F. Olejko
`Terry A. Saad
`Nicholas C. Kliewer
`BRAGALONE CONROY PC
`JKimble-IPR@bcpc-law.com
`jbragalone@bcpc-law.com
`dolejko@bcpc-law.com
`tsaad@bcpc-law.com
`nkliewer@bcpc-law.com
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Byron L. Pickard/
`
`
`
` Byron L. Pickard
` Attorney for Petitioner
` Registration No. 65,172
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: May 1, 2017
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
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