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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`RUIZ FOOD PRODUCTS, INC.
`Petitioner,
`
`v.
`
`MACROPOINT LLC,
`Patent Owner.
`
`_____________________
`
`Patent 9,429,659
`
`Case No. IPR2017-02018
`_____________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`Case: IPR2017-02018
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`Petitioner, Ruiz Food Products, Inc., objects to the admissibility of the
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`following evidence/exhibits served by Patent Owner Macropoint, LLC on June 7,
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`2018 pursuant to 37 C.F.R. § 42.64(b)(1). These objections are being timely filed
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`within 5 business days after service of the exhibits by Petitioner.
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`“ELD MANDATE: UPDATES, VIOLATION
`–
`2004
`Exhibit
`INFORMATION AND DEVICE INTRODUCTION PRICING & REVIEWS
`DRIVERS NEED TO KNOW,” https://unitedworldtransportation.com/eld-
`mandate-updates-violation-information-device-introduction-pricing-reviews-
`drivers-need-know/
`
`
`Petitioner objects to Exhibit 2004 as not properly authenticated under
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`Federal Rule of Evidence (FRE) 901 because Petitioner has not presented any
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`evidence by someone with personal knowledge that the document is authentic or
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`that the document is self-authenticating under FRE 902.
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`Petitioner objects to Exhibit 2004 as inadmissible hearsay under FRE 801
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`and 802 that does not fall under any exceptions, including those of FRE 803, 804,
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`805, or 807.
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`Petitioner objects to Exhibit 2004 under FRE 1002 (Requirement of the
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`Original).
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`2
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`Case: IPR2017-02018
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`Exhibit 2006 – “Small Hardware Device Provides GPS Fleet Tracking
`Capabilities,”
`Fleet
`Financials,
`October
`14,
`2010,
`https://www.fleetfinancials.com/72619/small-hardware-device-provides-gps-
`fleet-tracking-capabilities
`
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`Petitioner objects to Exhibit 2006 as not properly authenticated under FRE
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`901 because Petitioner has not presented any evidence by someone with personal
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`knowledge that the document is authentic or that the document is self-
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`authenticating under FRE 902.
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`Petitioner objects to Exhibit 2006 as inadmissible hearsay under FRE 801
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`and 802 that does not fall under any exceptions, including those of FRE 803, 804,
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`805, or 807.
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`Petitioner objects to Exhibit 2006 under FRE 1002 (Requirement of the
`
`Original).
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`Exhibit 2007 – “A Look at the Geotab GO Device: Past, Present, and Future,”
`Malene
`Johansen
`&
`Vincent
`Zhu,
`June
`22,
`2015,
`https://www.geotab.com/blog/geotab-go-device-past-present-future/
`
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`Petitioner objects to Exhibit 2007 as not properly authenticated under FRE
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`901 because Petitioner has not presented any evidence by someone with personal
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`knowledge that the document is authentic or that the document is self-
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`authenticating under FRE 902.
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`3
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`Case: IPR2017-02018
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`Petitioner objects to Exhibit 2007 as inadmissible hearsay under FRE 801
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`and 802 that does not fall under any exceptions, including those of FRE 803, 804,
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`805, or 807.
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`Petitioner objects to Exhibit 2007 under FRE 1002 (Requirement of the
`
`Original).
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`Exhibit 2008 – “Announcing Geotab GO5 Premium Vehicle Tracking
`Device,” April 5, 2011, https://www.geotab.com/press-release/u-blox/
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`Petitioner objects to Exhibit 2008 as not properly authenticated under FRE
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`901 because Petitioner has not presented any evidence by someone with personal
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`knowledge that the document is authentic or that the document is self-
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`authenticating under FRE 902.
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`Petitioner objects to Exhibit 2008 as inadmissible hearsay under FRE 801
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`and 802 that does not fall under any exceptions, including those of FRE 803, 804,
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`805, or 807.
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`Petitioner objects to Exhibit 2008 under FRE 1002 (Requirement of the
`
`Original).
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`Exhibit 2010 – “The Future of Electronic On-board Recording Devices in the
`U.S.,” Michael Goldberg, July 3, 2011, https://www.frg-law.com/blog/the-
`future-of-electronic-on-board-recording-devices-in-the-u-s/
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`Petitioner objects to Exhibit 2010 as not properly authenticated under FRE
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`901 because Petitioner has not presented any evidence by someone with personal
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`knowledge that the document is authentic or that the document is self-
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`authenticating under FRE 902.
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`Petitioner objects to Exhibit 2010 as inadmissible hearsay under FRE 801
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`and 802 that does not fall under any exceptions, including those of FRE 803, 804,
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`805, or 807.
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`Petitioner objects to Exhibit 2010 under FRE 1002 (Requirement of the
`
`Original).
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`5
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`Date: June 15, 2018
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`
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`Respectfully submitted,
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`Case: IPR2017-02018
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`/James P. Murphy /
`James P. Murphy (Reg. No 55,474)
`Matthew R. Frontz (Reg. No. 65,198)
`Ryan Murphy (Reg. No. 66,285)
`Polsinelli PC
`1000 Louisiana, Fifty-Third Floor
`Houston, Texas 77002
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`Attorneys for Petitioner
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`Case: IPR2017-02018
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing
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`PETITIONER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. §
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`42.64(b)(1) was served on June 15, 2018, via email directed to the following
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`counsel of record for the Petitioner:
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`Mark C. Johnson mjohnson@rennerotto.com
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`Kyle B. Fleming kfleming@rennerotto.com
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`Luis A. Carrion
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`lcarrion@rennerotto.com
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`
`
`/Sabrina Alaniz/
`Sabrina Alaniz
`POLSINELLI PC
`1000 Louisiana, Fifty-Third Floor
`Houston, Texas 77002
`Tele: (713) 374-1600
`Fax: (713) 374-1601
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