`
`Paper No. 21
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––––––
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`BLACKBERRY LTD.,
`Patent Owner.
`
`––––––––––––––––––
`
`Case No. IPR2017-01620
`U.S. Patent No. 8,489,868 B2
`
`––––––––––––––––––
`
`PATENT OWNER’S OBJECTIONS
`TO PETITIONER’S REPLY EVIDENCE
`
`
`
`IPR2017-01620 (U.S. Patent No. 8,489,868)
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
`
`PO’s Objections to Reply Evidence
`
`in a representative capacity for Patent Owner BlackBerry Limited (“Patent
`
`Owner”), hereby submits the following objections to Petitioner Google LLC’s
`
`(“Petitioner”) Exhibits 1038-1043, and any reference thereto/reliance thereon,
`
`without limitation. Patent Owner’s objections below apply the Federal Rules of
`
`Evidence (“F.R.E”) as required by 37 C.F.R. § 42.62. These objections address
`
`evidentiary deficiencies in the materials submitted by Petitioner with its
`
`Petitioner’s Reply on July 25, 2018.
`
`The following objections apply to Exhibits 1038-1043 as they are actually
`
`presented by Petitioner, in the context of Petitioner’s July 25, 2018 Reply (Paper
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`19) and not in the context of any other substantive argument on the merits of the
`
`instituted grounds in this proceeding. Patent Owner expressly objects to any other
`
`purported use of these Exhibits, including as substantive evidence in this
`
`proceeding, which would be untimely and improper under the applicable rules, and
`
`Patent Owner expressly asserts, reserves and does not waive any other objections
`
`that would be applicable in such a context.
`
`I.
`
`Objections to Exhibits 1038-1043, and Any Reference to/Reliance
`Thereon
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`Grounds for objection: F.R.E. 901 (“Authenticating or Identifying
`
`Evidence”); F.R.E. 1002 (“Requirement of the Original”); F.R.E. 1003
`
`(“Admissibility of Duplicates”); F.R.E. 801, 802 (Impermissible Hearsay); F.R.E.
`1
`
`
`
`IPR2017-01620 (U.S. Patent No. 8,489,868)
`
`403 (“Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or
`
`PO’s Objections to Reply Evidence
`
`Other Reasons”); and 37 C.F.R. § 42.61 (“Admissibility”).
`
`Patent Owner objects to the use of Exhibits 1038-1043 under F.R.E. 901,
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`1002, 1003, and 37 C.F.R. § 42.61 because Petitioner fails to provide the
`
`authentication required for these documents, and the Exhibits are not self-
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`authenticating under F.R.E. 902.
`
`Patent Owner further objects to Exhibits 1038-1043 as including
`
`impermissible hearsay under F.R.E. 801 and 802 to the extent to which the out of
`
`court statements therein are offered for the truth of the matters asserted and
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`constitute impermissible hearsay for which Petitioner has not demonstrated any
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`exception or exclusion to the rule against hearsay. For example, Petitioner relies
`
`on the truth of out of court statements made in Exhibits 1038-1043 to support its
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`argument that the Gong reference was “published and publicly available” prior to
`
`the priority date of the ’868 patent, but has not demonstrated that any exception or
`
`exclusion to the rule against hearsay applies. Pet. 4. Accordingly, permitting
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`reliance on this document in Petitioner’s Reply or other submissions by Petitioner
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`would be misleading and unfairly prejudicial to Patent Owner (F.R.E. 403).
`
`
`
`Dated: August 1, 2018
`
`Respectfully Submitted,
`
`/ Ching-Lee Fukuda/
`Ching-Lee Fukuda
`2
`
`
`
`IPR2017-01620 (U.S. Patent No. 8,489,868)
`
`
`PO’s Objections to Reply Evidence
`
`Reg. No. 44,334
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`P: (212) 839-7364
`F: (212) 839-5599
`Attorney for Patent Owner
`
`3
`
`
`
`IPR2017-01620 (U.S. Patent No. 8,489,868)
`
`
`PO’s Objections to Reply Evidence
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 1st day of
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`August, 2018, I caused to be served a true and correct copy of the foregoing by
`
`electronic mail on the following counsel:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`John S. Holley
`PH-Google-Blackberry-IPR@paulhastings.com
`
`
`
`Dated: August 1, 2018
`
`Respectfully Submitted,
`
`
`
`/Ching-Lee Fukuda/
`Ching-Lee Fukuda
`Reg. No. 44,334
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`P: (212) 839-7364
`F: (212) 839-5599
`Attorney for Patent Owner
`
`i
`
`
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