UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`TWITTER, INC.,
`Petitioner,
`
`v.
`
`VIDSTREAM LLC,
`Patent Owner.
`
`_________________
`
`Case IPR2017-01131
`Patent 8,464,304
`
`_________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`
`
`
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`TWITTER, INC.,
`Petitioner,
`
`v.
`
`VIDSTREAM LLC,
`Patent Owner.
`
`_________________
`
`Case IPR2017-01131
`Patent 8,464,304
`
`_________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`
`
`
`
`
`IPR2017-01131
`Patent 8,464,304
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner hereby submits the following
`
`objections to the evidence Patent Owner filed with Patent Owner Response on June
`
`29, 2018 (Paper No. 50). Petitioner’s objections apply equally to Patent Owner’s
`
`reliance on these Exhibits, including in any subsequently-filed documents in this
`
`proceeding. These objections are being filed within five business days of service of
`
`the evidence to which the objections are directed.
`
`Exhibit 2003
`
`Petitioner objects to Exhibit 2003 under Rule 802 of the Federal Rules of
`
`Evidence as containing inadmissible hearsay. Specifically, Exhibit 2003 is an out of
`
`court statement being offered for the truth of the matter asserted, and which does not
`
`fall under any exception. FRE 801, 802, 803, 804, 805, 807.
`
`Petitioner further objects to Exhibit 2003 under Rule 901(a) of the Federal
`
`Rules of Evidence as lacking authentication. Specifically, Patent Owner relies upon
`
`a declaration submitted by Petitioner in an attempt to authenticate new documents
`
`that were not submitted with the Petition. Petitioner submitted a declaration from
`
`Christopher Butler, the Office Manager at the Internet Archive, authenticating only
`
`specific archived pages maintained by the Internet Archive: “Attached hereto as
`
`Exhibit A are true and accurate copies of screenshots of printouts of the Internet
`
`Archive’s records of the HTML or PDF files for the URLs and the dates specified
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE Page 1
`
`
`
`in the attached coversheet to each printout.” Ex. 1016, ¶6. But that declaration does
`
`IPR2017-01131
`Patent 8,464,304
`
`not authenticate Exhibit 2003.
`
`Exhibit 2004
`
`Petitioner objects to Exhibit 2004 under Rule 802 of the Federal Rules of
`
`Evidence as containing inadmissible hearsay. Specifically, Exhibit 2004 is an out of
`
`court statement being offered for the truth of the matter asserted, and which does not
`
`fall under any exception. FRE 801, 802, 803, 804, 805, 807.
`
`Petitioner further objects to Exhibit 2004 under Rule 901(a) of the Federal
`
`Rules of Evidence as lacking authentication. Specifically, Patent Owner relies upon
`
`a declaration submitted by Petitioner in an attempt to authenticate new documents
`
`that were not submitted with the Petition. Petitioner submitted a declaration from
`
`Christopher Butler, the Office Manager at the Internet Archive, authenticating only
`
`specific archived pages maintained by the Internet Archive: “Attached hereto as
`
`Exhibit A are true and accurate copies of screenshots of printouts of the Internet
`
`Archive’s records of the HTML or PDF files for the URLs and the dates specified
`
`in the attached coversheet to each printout.” Ex. 1016, ¶6. But that declaration does
`
`not authenticate Exhibit 2004.
`
`Exhibit 2005
`
`Petitioner objects to Exhibit 2005 under Rule 802 of the Federal Rules of
`
`Evidence as containing inadmissible hearsay. Specifically, Exhibit 2005 is an out of
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE Page 2
`
`
`
`IPR2017-01131
`Patent 8,464,304
`
`court statement being offered for the truth of the matter asserted, and which does not
`
`fall under any exception. FRE 801, 802, 803, 804, 805, 807.
`
`Petitioner further objects to Exhibit 2005 under Rule 901(a) of the Federal
`
`Rules of Evidence as lacking authentication. Specifically, Patent Owner relies upon
`
`a declaration submitted by Petitioner in an attempt to authenticate new documents
`
`that were not submitted with the Petition. Petitioner submitted a declaration from
`
`Christopher Butler, the Office Manager at the Internet Archive, authenticating only
`
`specific archived pages maintained by the Internet Archive: “Attached hereto as
`
`Exhibit A are true and accurate copies of screenshots of printouts of the Internet
`
`Archive’s records of the HTML or PDF files for the URLs and the dates specified
`
`in the attached coversheet to each printout.” Ex. 1016, ¶6. But that declaration does
`
`not authenticate Exhibit 2005.
`
`Exhibit 2006
`
`Petitioner objects to Exhibit 2006 under Rule 802 of the Federal Rules of
`
`Evidence as containing inadmissible hearsay. Specifically, Exhibit 2006 is an out of
`
`court statement being offered for the truth of the matter asserted, and which does not
`
`fall under any exception. FRE 801, 802, 803, 804, 805, 807.
`
`Exhibit 2007
`
`Petitioner objects to Exhibit 2007 under Rule 802 of the Federal Rules of
`
`Evidence as containing inadmissible hearsay. Specifically, Exhibit 2007 is an out of
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE Page 3
`
`
`
`court statement being offered for the truth of the matter asserted, and which does not
`
`fall under any exception. FRE 801, 802, 803, 804, 805, 807.
`
`IPR2017-01131
`Patent 8,464,304
`
`Dated: July 9, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`By: /Todd M. Siegel/
`Todd M. Siegel (Registration No. 73,232)
`todd.siegel@klarquist.com
`KLARQUIST SPARKMAN, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Tel: 503-595-5300
`Fax: 503-595-5301
`
`Counsel for Petitioner
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE Page 4
`
`
`
`IPR2017-01131
`Patent 8,464,304
`
`CERTIFICATE OF SERVICE
`IN COMPLIANCE WITH 37 C.F.R. § 42.6(e)(4)
`
`The undersigned certifies that on July 9, 2018, a complete copy of
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE was
`
`served on counsel for VidStream LLC via electronic mail as follows:
`
`Eagle Robinson – Lead Counsel
`eagle.robinson@nortonrosefulbright.com
`Eric Green – Back-Up Counsel
`eric.green@nortonrosefulbright.com
`Norton Rose Fulbright US LLP
`98 San Jacinto Blvd., Suite 1100
`Austin, TX 78701
`
`Eric Hall – Back-Up Counsel
`Norton Rose Fulbright US LLP
`1301 McKinney St., Ste. 5100
`Houston, TX 77010
`eric.hall@nortonrosefulbright.com
`
`
`
`
`
`
`
`
`By: /Todd M. Siegel/
`Todd M. Siegel (Registration No. 73,232)
`todd.siegel@klarquist.com
`KLARQUIST SPARKMAN, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Tel: 503-595-5300
`Fax: 503-595-5301
`
`Counsel for Petitioner
`
`
`
`CERTIFICATE OF SERVICE
`
`Page 1
`
`
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
