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`IPR2018-00952
`Patent 9,253,239
`
`DOCKET NO.: 2211726-00161US1
`Filed on behalf of Unified Patents Inc.
`By:
`Jonathan Stroud, Reg. No. 72,518
`Roshan Mansinghani, Reg. No. 62,429
`Unified Patents Inc.
`1875 Connecticut Ave. NW, Floor 10
`Washington, DC, 20009
`Tel: (214) 945-0200
`Email: jonathan@unifiedpatents.com
`
`David L. Cavanaugh, Reg. No. 36,476
`Daniel V. Williams, Reg. No. 45,221
`Jonathan E. Robe, Reg. No. 76,033
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: David.Cavanaugh@wilmerhale.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`Petitioner
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`IPR2018-00952
`Patent 9,253,239
`PETITIONER’S NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
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`IPR2018-00952
`Patent 9,253,239
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Unified Patents (“Petitioner”)
`
`hereby submits its notice of objections to certain evidence that Patent Owner
`
`BRADIUM TECHNOLOGIES LLC (“Patent Owner”) included with the Patent
`
`Owner’s Preliminary Response filed September 24, 2018 in connection with Trial
`
`No. IPR2018-00952. The following objections are timely filed within five business
`
`days of September 24, 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 2007, 2010-2011, 2014, 2018-
`
`2020, 2024-2025, and 2028-2030 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 2007, 2010-
`
`2011, 2014, 2018-2020, 2024-2025, and 2028-2030 are what Patent Owner claims
`
`they are.
`
`• Exhibit 2007 (described by Patent Owner as “Join, Unified Patents (May
`
`17, 2018),
`
`https://web.archive.org/web/20180517015601/https://www.unifiedpatents.c
`
`om/join/”);
`
`• Exhibit 2010 (described by Patent Owner as “Belcher, Marta, et al.,
`
`"Hacking the Patent System: A guide to Alternative Patent Licensing for
`
`Innovators," Juelsgaard Intellectual Property & Innovation Clinic Stanford
`
`Law School, dated May 2014”);
`- 2 -
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`IPR2018-00952
`Patent 9,253,239
`• Exhibit 2011 (described by Patent Owner as “Protected Zones, Excerpt of
`
`United Patents (Oct. 27, 2016),
`
`https://web.archive.org/web/20161027135832/http://www.unifiedpatents.
`
`com: 80/zones/”);
`
`• Exhibit 2014 (described by Patent Owner as “Bradium Technologies LLC,
`
`Unified Patents (August 3, 2015),
`
`https://web.archive.org/web/20150803044103/http://bradiumtechnologies.c
`
`om/”);
`
`• Exhibit 2018 (described by Patent Owner as “Unified Patents, backed by
`
`Google, takes fight to patent trolls, Don Reisinger, CNET (Apr. 8, 2013)”);
`
`• Exhibit 2019 (described by Patent Owner as “Don Clark, New Venture
`
`Enters Patent Fray, Wall Street Journal, published Apr. 7, 2013”);
`
`• Exhibit 2020 (described by Patent Owner as “The Gloves are Off: Unified
`
`Patents Inc. Unveils Its 'NPE Deterrent' Strategy, Unified Patents
`
`(September 23, 2013), http ://justdemo. in/unified/2013/09/23/the-gloves-
`
`are-off-unifiedpatents-inc-unveils-its-npe-deterrent-strategy//”);
`
`• Exhibit 2024 (described by Patent Owner as “Unified Patents (January 1,
`
`2014),
`
`https://web.archive.org/web/20140101033720/bttp://unifiedpatents.com/”);
`
`• Exhibit 2025 (described by Patent Owner as “Eric Coe, Unified Patents
`
`Adds AJA Reviews to Anti-'Troll' Arsenal, Law360 (Jun. 23, 2015),
`- 3 -
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`
`
`
`
`IPR2018-00952
`Patent 9,253,239
`https://www.law360.com/articles/6686l9/print?section=ip”);
`
`• Exhibit 2028 (described by Patent Owner as “Orthogonality, Wikipedia,
`
`https://en.wikipedia.org/wiki/Orthogonality”);
`
`• Exhibit 2029 (described by Patent Owner as “IPRs, Balancing
`
`Effectiveness vs. Cost, RPX (June 17, 2016)
`
`https://www.rpxcorp.com/2016/06/ 17 /iprs-balancing-effectivenessvs-
`
`cost/”);
`
`• Exhibit 2030 (described by Patent Owner as “How Much does IPR Cost?,
`
`Patent Trademark Blog, http://www.patenttrademarkblog.com/how-much-
`
`does-ipr-cost/”).
`
`
`
`Patent Owner has provided declaration testimony from its counsel, Chris
`
`Coulson, stating that Exhibits 2007, 2010-2011, 2024, and 2028-2030 are true and
`
`correct copies. See Declaration of Chris Coulson at pp. 1-4 (EX2026). However,
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`this testimony is not sufficient to support a finding that Exhibits 2007, 2010-2011,
`
`2024, and 2028-2030 are what Patent Owner 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
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`affidavit from someone with knowledge of the website, such as a web master or
`
`someone else with personal knowledge). Additionally, Patent Owner has not
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`
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`
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`- 4 -
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`IPR2018-00952
`Patent 9,253,239
`provided any declaration testimony with respect to Exhibits 2014, 2018-2022 and
`
`2025.
`
`Mr. Coulson has not testified that he has personal knowledge of the Internet
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`Archive to describe how webpages from the years 2014 and 2016, reflected in the
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`screen shots of Exhibits 2007, 2011 and 2024, (obtained via the Internet Archive),
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`have been accurately preserved and subsequently made available to internet searches.
`
`Moreover, Mr. Coulson has not testified with sufficient basis to demonstrate
`
`that he has personal knowledge to describe Exhibit 2010 as a true and accurate copy
`
`of the article contained therein.
`
`Moreover, Mr. Coulson has not testified that he has personal knowledge of the
`
`websites reflected in Exhibits 2018-2020, 2025, and 2028-2030 as being accurately
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`preserved and subsequently made available. See e.g., Comcast Cable
`
`Communications, LLC, IPR2017-00941, Paper 70 at pp. 56 (rejecting the notion that
`
`a printout from a news website “is a newspaper or periodical that is self-
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`authenticating under FRE 902(6)”).
`
`Petitioner further objects to Exhibit 2010 on the basis of hearsay as it is an
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`article written by a declarant made not while testifying at the current trial, and which
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`- 5 -
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`IPR2018-00952
`Patent 9,253,239
`appears to be offered by Patent Owner as evidence to prove the truth of the matter
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`asserted in the article.
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`
`
`Dated: October 1, 2018
`
`Respectfully Submitted,
`
`/ Jonathan E Robe /
`Jonathan Stroud
`Registration No. 72,518
`
`Roshan Mansinghani
`Registration No. 62,429
`
`David L. Cavanaugh
`Registration No. 36,476
`
`Daniel V. Williams
`Registration No. 45,221
`
`Jonathan E. Robe
`Registration No. 76,033
`
`
`
`
`- 6 -
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`IPR2018-00952
`Patent 9,253,239
`
`CERTIFICATE OF SERVICE
`I hereby certify that on October 1, 2018, I caused a true and correct copy
`
`of the foregoing materials:
`
`
`
`
`
`
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`
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`• PETITIONER’S NOTICE OF OBJECTION TO EVIDENCE
`
`to be served upon the following by ELECTRONIC MAIL:
`
`Chris J. Coulson
`Email ccoulson@bdiplaw.com
`
`Michael N. Zachary
`Email mzachary@bdiplaw.com
`
`Lauren N. Robinson
`Email lrobinson@bdiplaw.com
`
`Michael E. Shanahan
`Email: mshanahan@generalpatent.com
`
`/ Jonathan E Robe /
`Jonathan Robe
`Registration No. 76,033
`
`- 7 -
`
`
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