`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`REALTIME DATA, LLC D/B/A/ IXO,
`Patent Owner
`
`_______________
`
`Case IPR2016-01737
`Patent 8,880,862
`
`_______________
`
`PATENT OWNER REALTIME DATA, LLC D/B/A IXO’S OBJECTIONS
`TO PETITIONER’S EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`Patent Owner Realtime Data, LLC d/b/a IXO (“Realtime”) objects to
`
`Petitioner’s evidence for reasons set forth below. Realtime’s objections to evidence
`
`are timely under 37 C.F.R. § 42.64(b)(1). Realtime serves Petitioner with these
`
`objections to provide notice that Realtime may move to exclude the evidence listed
`
`below under 37 C.F.R. § 42.64(c).
`
`Objection
`
`Grounds
`
`No evidence produced sufficient to
`support a finding that the item is what
`it is claimed to be, no evidence this
`exhibit is self-authenticating; Offered
`to prove the truth of the matter
`asserted, which is inadmissible hearsay
`having no applicable exception; Not
`relevant to any issue in this proceeding
`because this exhibit is purportedly from
`June 2005, which is outside the
`relevant time period of the ‘862 Patent.
`
`No evidence produced sufficient to
`support a finding that the item is what
`it is claimed to be, no evidence this
`exhibit is self-authenticating; Offered
`to prove the truth of the matter
`asserted, which is inadmissible hearsay
`having no applicable exception; Not
`relevant to any issue in this proceeding
`because this exhibit is purportedly from
`July 2007, which is outside the relevant
`time period of the ‘862 Patent.
`
`
`
`Exhibit
`
`Portion to
`Exclude
`
`1048
`
`All
`
`FRE 901, 902;
`FRE 801, 802;
`FRE 401, 402,
`403
`
`1049
`
`All
`
`FRE 901, 902;
`FRE 801, 802;
`FRE 401, 402,
`403
`
`
`
`
`
`
`1
`
`
`
`Respectfully Submitted,
`
`Date: December 20, 2017
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Richard Z. Zhang (Reg. No. 73,397)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`Email: Richard.Zhang.IPR@fischllp.com
`
`Desmond S. Jui (pro vac vice)
`Fisch Sigler LLP
`96 North Third Street
`Suite 260
`San Jose, CA 95112
`Phone: (650) 362-8209
`Email: Desmond.Jui.IPR@fischllp.com
`
`William P. Rothwell (Reg. No. 75,522)
`Noroozi PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`Phone: (281) 566-2685
`Email: William@noroozipc.com
`
`Kayvan B. Noroozi (pro hac vice)
`Noroozi PC
`1299 Ocean Avenue, Suite 450
`Santa Monica, CA 90401
`Phone: (310) 975-7074
`Email: Kayvan@noroozipc.com
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 20, 2017, a true and correct copy of the
`
`foregoing Patent Owner’s Objections to Petitioner’s Evidence Pursuant to 37
`
`C.F.R. § 42.64(b)(1) is being served electronically to the Petitioner at the
`
`correspondence email addresses of record provided in the Petition as follows:
`
`W. Karl Renner (Lead Counsel) IPR39521-0025IP1@fr.com
`
`
`
`
`
`Respectfully Submitted,
`
`Date: December 20, 2017
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`
`
`
`
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