`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC
`Patent Owner
`________________
`
`Case IPR2018-00812
`U.S. Patent No. 8,856,539
`________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`Case IPR2018-00812
`U.S. Patent No. 8,856,539
`
` Patent Owner’s Objections to Evidence
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Universal Secure Registry LLC (“Patent
`
`Owner”) submits the following objections to evidence that Petitioner Apple, Inc.
`
`(“Petitioner”) served with its Petitioner’s Reply to Patent Owner's Response (Paper
`
`30) and Petitioner's Opposition to Patent Owner’s Conditional Motion to Amend
`
`(Paper 29). These objections are timely filed and served within five business days
`
`of service of the evidence.
`
`Evidence
`
`Exhibit 1135
`
`Objections
`
`Patent Owner objects to this exhibit because it improperly
`introduces new theories, arguments, and evidence for the
`first time on Reply. For example, at least the following
`paragraph present new theories, arguments, and evidence for
`the first time on Reply: ¶¶ 19-20 (presenting new citations
`and arguments, including new claim construction argument,
`for “account identifying information" limitation), ¶ 23
`(presenting new motivation to modify Reber), ¶¶ 27-31
`(presenting new citations and arguments, including new
`claim construction argument, for “access restrictions for the
`provider” limitation),¶¶ 34-35 (presenting new arguments
`and theories regarding Franklin’s alleged merchant
`validation), ¶¶ 38-39 (presenting new arguments and
`citations regarding “the ability of the computer 64” to “direct
`a third party” and “bank 26”), ¶¶ 40-41 (presenting new
`citations and motivations to combine for third party
`limitation), ¶¶ 46-48 (presenting new motivations to combine
`and modify different embodiments in Reber), and ¶¶ 50-52
`(presenting new arguments, citations, and motivations to
`combine for claims 3 and 24). Admissibility of such
`declaration would permit Petitioner to violate the
`requirement that it must include all its theories, arguments,
`and evidence with its Petition.
`
`
`
`Case IPR2018-00812
`U.S. Patent No. 8,856,539
`
` Patent Owner’s Objections to Evidence
`
`Exhibit 1138
`
`FRE 602, 702, 703: Patent Owner objects to this exhibit to
`the extent it is irrelevant, the testimony is based on a lack of
`personal knowledge or speculation, includes insufficient
`facts or data, is not based on a reliable foundation, and
`constitutes conclusory opinions without sufficient support.
`
`FRE 401, 402, and 403: Patent Owner objects to this
`exhibit because it does not rebut the arguments in Patent
`Owner's Response, it is irrelevant, and its probative value is
`substantially outweighed by a danger of unfair prejudice,
`confusing the issues, wasting time, and needlessly presenting
`cumulative evidence.
`
`Patent Owner objects to this exhibit because it improperly
`introduces new evidence for the first time on Reply. Patent
`Owner also objects to this exhibit because it includes
`information that is not discussed in Petitioner’s Opposition
`to Patent Owner’s Conditional Motion to Amend.
`
`FRE 401, 402, and 403: Patent Owner objects to this
`exhibit because it does not rebut the arguments in Patent
`Owner's Conditional Motion to Amend, it is irrelevant, and
`its probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`
`
`Case IPR2018-00812
`U.S. Patent No. 8,856,539
`
` Patent Owner’s Objections to Evidence
`
`Date: May 22, 2019
`
`Respectfully Submitted,
`
`/s/ James Glass
`Registration No. 46,729
`Quinn Emanuel Urquhart &
`Sullivan LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel. (212) 849-7000
`Fax. (212) 849 7100
`
`Counsel for Patent Owner Universal Secure
`Registry LLC
`
`
`
`Case IPR2018-00812
`U.S. Patent No. 8,856,539
`
` Patent Owner’s Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that the
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R.
`
`§ 42.64 was served on May 22, 2019 by e-mailing copies to:
`
`Monica Grewal (Reg. No. 40,056)
`monica.grewal@wilmerhale.com
`Ben Fernandez (Reg. No. 55,172)
`ben.fernandez@wilmerhale.com
`Kelvin Chan (Reg. No. 71,433)
`kelvin.chan@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`
`Mark Selwyn
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`
`Date: May 22, 2019
`
` Respectfully submitted,
`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
`Lead Attorney for Patent Owner –
`Universal Secure Registry LLC
`
`
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