`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00199
`
`
`
`
`DOCKET NO.: 2211726-00152US1
`Filed on behalf of Unified Patents Inc.
`By: David L. Cavanaugh, Reg. No. 36,476
`Daniel V. Williams, Reg. No. 45,221
`Ellyar Y. Barazesh, Reg. No. 74,096
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: David.Cavanaugh@wilmerhale.com
`Roshan Mansinghani, Reg. No. 62,429
`Jonathan Stroud, Reg. No. 72,518
`Jonathan Bowser, Reg. No. 54,574
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, DC, 20009
`Tel: (214) 945-0200
`Email: roshan@unifiedpatents.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`Petitioner
`v.
`
`UNILOC LUXEMBOURG S.A. & UNILOC USA
`Patent Owner
`IPR2018-00199
`Patent 7,092,671
`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Unified Patents (“Petitioner”)
`
`IPR2018-00199
`
`hereby submits its notice of objections to certain evidence that Patent Owner
`
`UNILOC LUXEMBOURG S.A. & UNILOC USA (“Patent Owner”) included with
`
`the Patent Owner’s Response filed September 21, 20181 in connection with Trial No.
`
`IPR2018-00199. The following objections are timely filed within five business days
`
`of September 21, 2018, which is the date of service of evidence to which the
`
`objections are directed. 37 C.F.R. § 42.64(b)(1).
`
`Petitioner objects to the following Exhibits 2001-2004 under Fed. R. Evid. 901
`
`(Authenticating or Identifying Evidence) because they have not been authenticated.
`
`Patent Owner has failed to produce evidence sufficient to support a finding that
`
`Exhibits 2001-2004 are what Patent Owner claims they are.
`
`• Exhibit 2001 (described by Patent Owner as “Screenshot of the home page
`
`for Unified Patents, Inc. for the date, April 13, 2013, as retrieved from the
`
`Internet Archive's Wayback Machine (WBM), available at
`
`https://web.archive.org/web/ 20130413073000/http://www.unifiedpatents.
`
`com: SO/solution/unified patents.html”);
`
`
`1 Petitioner notes that while the signature blocks of the Patent Owner’s Response
`
`include a date of September 19, 2018, the Patent Owner’s Response was filed on
`
`September 21, 2018, and service was provided to Petitioner on September 21, 2018.
`
`
`- 2 -
`
`
`
`
`
`IPR2018-00199
`
`• Exhibit 2002 (described by Patent Owner as “An article by Marta Belcher
`
`and John Casey entitled Hacking the Patent System: A Guide to Alternative
`
`Patent Licensing for Innovators. Juelsgaard Intellectual Property &
`
`Innovation Clinic, Stanford Law School (2014), as archived by the Internet
`
`Archive's Wayback Machine (WBM), available at
`
`https://web.archive.org/web/20140905000728/http:l/unifiedpatents.com:
`
`80/wp-content/uploads/2014/06/hacking_ the patent_ system.pdf”);
`
`• Exhibit 2003 (described by Patent Owner as “Screenshot of Unified
`
`Patents' public webpage entitled Benefits for Large Company Members, as
`
`archived by the WBM, available at https://web.archive.org/web/
`
`20130907064849/http://www.unifiedpatents .com: SO/benefits/large
`
`companies.html”); and
`
`• Exhibit 2004 (described by Patent Owner as “Screenshot of Unified
`
`Patents' public webpage entitled Compare Unified Patents to Other
`
`Options, as archived by the WBM, available at https://web.archive.org
`
`/web/20140606010956/http://unifiedpatents.com:80/”)
`
`
`
`Patent Owner has provided declaration testimony from its counsel, Brett
`
`Mangrum, stating that Exhibits 2001-2004 are true and correct copies. See
`
`Declaration of Brett A. Mangrum at pp. ii-iii (EX2006). However, this testimony is
`
`not sufficient to support a finding that Exhibits 2001-2004 are what Patent Owner
`
`
`- 3 -
`
`
`
`
`
`IPR2018-00199
`
`claims they are, and is therefore not sufficient to authenticate these exhibits. See e.g.,
`
`Comcast Cable Communications, LLC v. Rovi Guides, Inc., IPR2017-00941, Paper
`
`70 at pp. 54-56 (noting that to authenticate printouts from a website, Board panels
`
`have required some statement or affidavit from someone with knowledge of the
`
`website, such as a web master or someone else with personal knowledge). Mr.
`
`Mangrum has not testified that he has personal knowledge of the Internet Archive to
`
`describe how webpages from the years 2013 and 2014, reflected in the screen shots
`
`of exhibits 2001, 2003, and 2004, as well as the document of Exhibit 2002 (obtained
`
`via the Internet Archive), have been accurately preserved and subsequently made
`
`available to internet searches.
`
`As a matter of evidence in this proceeding, Petitioner also objects to Exhibit
`
`2002 under Fed. R. Evid. 802 (Hearsay). Exhibit 2002 contains out of court
`
`statements offered for the truth of the matter asserted.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`/Ellyar Y. Barazesh/
`
`David L. Cavanaugh
`Registration No. 36,476
`
`Roshan Mansinghani
`Registration No. 62,429
`
`- 4 -
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 28, 2018
`
`IPR2018-00199
`
`Jonathan Stroud
`Registration No. 72,518
`
`Jonathan Bowser
`Registration No. 54,574
`
`Daniel V. Williams
`Registration No. 45,221
`
`Ellyar Y. Barazesh
`Registration No. 74,096
`
`
`
`
`- 5 -
`
`
`
`
`
`
`
`IPR2018-00199
`
`CERTIFICATE OF SERVICE
`I hereby certify that on September 28, 2018, I caused a true and correct
`
`copy of the foregoing materials:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`• PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
`
`to be served upon the following by ELECTRONIC MAIL:
`
`Ryan Loveless
`Email: ryan@etheridgelaw.com
`
`Sean D. Burdick
`Email: sean.burdick@unilocusa.com
`
`Brett Mangrum
`Email: brett@etheridgelaw.com
`
`James Ethridge
`Email: jim@etheridgelaw.com
`
`Jeffrey Huang
`Email: jeff@etheridgelaw.com
`
`
`/Ellyar Y. Barazesh/
`Ellyar Y. Barazesh
`Registration No. 74,096
`
`- 6 -
`
`
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
