`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`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)
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case: IPR2017-02018
`
`Petitioner, Ruiz Food Products, Inc., objects to the admissibility of the
`
`following evidence/exhibits served by Patent Owner Macropoint, LLC on June 7,
`
`2018 pursuant to 37 C.F.R. § 42.64(b)(1). These objections are being timely filed
`
`within 5 business days after service of the exhibits by Petitioner.
`
`“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
`
`Federal Rule of Evidence (FRE) 901 because Petitioner has not presented any
`
`evidence by someone with personal knowledge that the document is authentic or
`
`that the document is self-authenticating under FRE 902.
`
`Petitioner objects to Exhibit 2004 as inadmissible 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 Exhibit 2004 under FRE 1002 (Requirement of the
`
`Original).
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case: IPR2017-02018
`
`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
`
`
`Petitioner objects to Exhibit 2006 as not properly authenticated under FRE
`
`901 because Petitioner has not presented any evidence by someone with personal
`
`knowledge that the document is authentic or that the document is self-
`
`authenticating under FRE 902.
`
`Petitioner objects to Exhibit 2006 as inadmissible 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 Exhibit 2006 under FRE 1002 (Requirement of the
`
`Original).
`
`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/
`
`
`Petitioner objects to Exhibit 2007 as not properly authenticated under FRE
`
`901 because Petitioner has not presented any evidence by someone with personal
`
`knowledge that the document is authentic or that the document is self-
`
`authenticating under FRE 902.
`
`
`
`3
`
`
`
`Case: IPR2017-02018
`
`Petitioner objects to Exhibit 2007 as inadmissible 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 Exhibit 2007 under FRE 1002 (Requirement of the
`
`Original).
`
`Exhibit 2008 – “Announcing Geotab GO5 Premium Vehicle Tracking
`Device,” April 5, 2011, https://www.geotab.com/press-release/u-blox/
`
`
`Petitioner objects to Exhibit 2008 as not properly authenticated under FRE
`
`901 because Petitioner has not presented any evidence by someone with personal
`
`knowledge that the document is authentic or that the document is self-
`
`authenticating under FRE 902.
`
`Petitioner objects to Exhibit 2008 as inadmissible 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 Exhibit 2008 under FRE 1002 (Requirement of the
`
`Original).
`
`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/
`
`
`Petitioner objects to Exhibit 2010 as not properly authenticated under FRE
`
`901 because Petitioner has not presented any evidence by someone with personal
`
`
`
`4
`
`
`
`Case: IPR2017-02018
`
`knowledge that the document is authentic or that the document is self-
`
`authenticating under FRE 902.
`
`Petitioner objects to Exhibit 2010 as inadmissible 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 Exhibit 2010 under FRE 1002 (Requirement of the
`
`Original).
`
`
`
`
`
`5
`
`
`
`Date: June 15, 2018
`
`
`
`
`
`Respectfully submitted,
`
`Case: IPR2017-02018
`
`/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
`
`Attorneys for Petitioner
`
`
`
`
`
`6
`
`
`
`Case: IPR2017-02018
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing
`
`PETITIONER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. §
`
`42.64(b)(1) was served on June 15, 2018, via email directed to the following
`
`counsel of record for the Petitioner:
`
`Mark C. Johnson mjohnson@rennerotto.com
`
`Kyle B. Fleming kfleming@rennerotto.com
`
`Luis A. Carrion
`
`lcarrion@rennerotto.com
`
`
`
`
`
`
`
`
`
`/Sabrina Alaniz/
`Sabrina Alaniz
`POLSINELLI PC
`1000 Louisiana, Fifty-Third Floor
`Houston, Texas 77002
`Tele: (713) 374-1600
`Fax: (713) 374-1601
`
`
`
`7
`
`
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