`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`SIRIUS XM RADIO INC.,
`Petitioner,
`v.
`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`____________________
`
`Case IPR2018-00690
`Patent No. 6,314,289
`
`__________________________________________________________
`
`DECLARATION OF JEFFREY H. PRICE IN RESPONSE TO PATENT
`OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`
`
`
`I, Jeffrey H. Price, make the following declaration under penalty of perjury:
`
`IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`1.
`
`I am an attorney at Kramer Levin Naftalis & Frankel LLP, counsel for
`
`Petitioner, Sirius XM Radio Inc. (“Petitioner” or “Sirius XM”). I have personal
`
`knowledge of the facts stated in this Declaration and can testify competently to
`
`those facts.
`
`2.
`
`I provide this Declaration, as Supplemental Evidence, in connection
`
`with the instant inter partes review proceeding and in response to Patent Owner’s
`
`Objections to Evidence (Paper No. 31, the “Objections”).
`
`3.
`
`Patent Owner objects to Exhibits 1008 and 1012 under Federal Rule
`
`of Evidence 106 stating “[t]he exhibit, excerpting from a book, is an incomplete
`
`part of a writing.” Objections at 2.
`
`4.
`
`Exhibit 1008 is a true and accurate copy of excerpts from J.G.
`
`Proakis, Digital Communications, McGraw Hill, Inc., 3rd Ed., 1995. Sirius XM has
`
`and will make available the hard copy of Exhibit 1008 for inspection at its Counsel
`
`of Record’s offices in the instant proceedings.
`
`5.
`
`Exhibit 1012 is a true and accurate copy of excerpts from B. Sklar,
`
`Digital Communications – Fundamentals and Applications, P T R Prentice Hall,
`
`1988. Sirius XM has and will make available the hard copy of Exhibit 1012 for
`
`inspection at its Counsel of Record’s offices in the instant proceedings.
`
`- 1 -
`
`
`
`Patent Owner objects to Exhibits 1014-1016 under Federal Rules of
`
`IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`6.
`
`Evidence 901 and 902 stating “[t]here is insufficient identifying or authenticating
`
`information supplied in conjunction with Exhibits 1014-1016 to prove the items
`
`are what the proponent claims them to be.” Objections at 2-3.
`
`7.
`
`Exhibit 1014 was submitted with Sirius XM’s Opposition to the
`
`Patent Owner’s Motion to Dismiss (Paper No. 9). Exhibit 1014 is a true and
`
`accurate print out from June 14, 2018, from a PTAB web page associated with the
`
`instant proceedings, showing that funds were debited from Petitioner’s Counsel’s
`
`USPTO deposit account on February 22, 2018. As shown on Exhibit 1014, this
`
`web page was accessed at
`
`https://ptab.uspto.gov/#/external/proceeding/1507775/view on June 14, 2018.
`
`8.
`
`Exhibit 1015 was submitted with Sirius XM’s Opposition to the
`
`Patent Owner’s Motion to Dismiss (Paper No. 9). Exhibit 1015 is a true and
`
`accurate screenshot of a PTAB web page associated with the instant proceedings
`
`showing that the Petition and Exhibits thereto were filed on February 22, 2018.
`
`This web page, which now reflects additional filings, was last accessed at
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`https://ptab.uspto.gov/#/login on September 13, 2019 and was accessed at the time
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`of Sirius XM’s Opposition to Patent Owner’s Motion to Dismiss.
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`9.
`
`Exhibit 1016 was submitted with Sirius XM’s Opposition to the
`
`Patent Owner’s Motion to Dismiss (Paper No. 9). Exhibit 1016 is a true and
`
`- 2 -
`
`
`
`accurate print out from a PTAB web page associated with the instant proceedings.
`
`IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`As shown on Exhibit 1016, this web page was accessed at
`
`https://ptab.uspto.gov/#/external/proceeding/1507775/view on June 15, 2018.
`
`10. Patent Owner objects to Exhibit 1018 under Federal Rules of
`
`Evidence 901 and 902 stating “[t]here is insufficient identifying or authenticating
`
`information supplied in conjunction with Exhibit 1018 to prove the item is what
`
`the proponent claims it to be.” Objections at 3. Exhibit 1018 was submitted with
`
`Sirius XM’s Opposition to the Patent Owner’s Motion to Dismiss (Paper No. 9).
`
`Exhibit 1018 is a true and accurate print out of an e-mail correspondence from
`
`Sirius XM’s Counsel to the PTAB in connection with the instant proceedings.
`
`Executed on September 16, 2019, in New York, New York.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Jeffrey H. Price/
`Jeffrey H. Price (Reg. No. 69,141)
`
`
`
`- 3 -
`
`
`
`IPR2018-00690
`U.S. Patent No. 6,314,289
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Declaration of Jeffrey H. Price in Response to Patent
`
`Owner’s Objections to Evidence was served on September 17, 2019, by filing this
`
`document through the PTAB E2E System as well as delivering via electronic mail
`
`upon the following counsel of record for Petitioner:
`
`
`
`
`
`
`
`
`
`Ben J. Yorks (byorks@irell.com)
`Babak Redjaian (bredjaian@irell.com)
`David McPhie (dmcphie@irell.com)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`FraunhoferIPRs@irell.com
`
`
`
`/Jonathan S. Caplan/
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.9488 Fax: 212.715.8000
`
`- 4 -
`
`
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