`Paper No.
`Filed: September 28, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS, INC.
`Petitioner
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`v.
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`VILOX TECHNOLOGIES, LLC
`Patent Owner
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`Case IPR2018-00044
`Patent No. 7,302,423
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`PATENT OWNER’S OBJECTION TO EVIDENCE
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`IPR 2018-00044 Patent Owner’s Objection to Evidence
`U.S. Patent 7,302,423
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`INTRODUCTION
`On September 24, 2018, Petitioner served Patent Owner with an Opposition to
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`I.
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`a Motion to Amend the Claims (Opposition). The Opposition was accompanied by
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`two pieces of evidence, Declaration of Dr. Philip Greenspun, Exhibit 1013, and U.S.
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`Patent 6,452,597 to Greenburg et al., Exhibit 1014.
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`II. OBJECTION
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`Trial Practice before the Patent Trial and Appeal Board, 37 C.F.R. § 42.64
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`(b)(1), provides that a Patent Owner may object to evidence “within five business days
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`of service” of the evidence. Accordingly, Patent Owner objects to both Exhibit 1013
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`and Exhibit 1014.
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`Specifically, Patent Owner objects to this evidence under the Federal Rules of
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`Evidence, Rule 403 – Excluding Relevant Evidence for Prejudice, Confusion, Waste
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`of Time, or Other Reasons, which states:
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`The court may exclude relevant evidence if its probative value is
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`substantially outweighed by a danger of one or more of the following:
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`unfair prejudice, confusing the issues, misleading the jury, undue delay,
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`wasting time, or needlessly presenting cumulative evidence.
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`Patent Owner asserts that consideration of Exhibits 1013 and 1014 would
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`IPR 2018-00044 Patent Owner’s Objection to Evidence
`U.S. Patent 7,302,423
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`unfairly prejudice Patent Owner, confuse the issues, produce undue delay, waste time
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`of Patent Owner and the Panel, and needlessly present cumulative evidence. Patent
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`Owner will show in the Motion to Exclude that the evidence is, inter alia, at least
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`merely cumulative and unfairly prejudicial because of its late submission.
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`Dated: September 28, 2018
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`Respectfully submitted,
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`By:
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` /John K. Harrop/
`John K. Harrop
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`Counsel for Patent Owner
`Vilox Technologies LLC
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`IPR 2018-00044 Patent Owner’s Objection to Evidence
`U.S. Patent 7,302,423
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on the date
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`indicated below, a complete and entire copy of this submission was provided by
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`email to Petitioner’s counsel via email, as agreed to by Petitioner’s Service
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`Information in the Petition submission, by serving the email addresses of record.
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`Dated: September 28, 2018
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`Respectfully submitted,
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`By:
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`/John K. Harrop/
`John K. Harrop
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`Counsel for Patent Owner
`Vilox Technologies LLC
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