`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`NETFLIX, INC., ARRIS SOLUTIONS, INC., and
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioners
`
`v.
`
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner
`____________
`
`Case IPR2018-01169
`Patent 8,934,535
`____________
`
`
`PATENT OWNER’S OBJECTIONS
`TO PETITIONER’S DEMONSTRATIVES
`
`
`
`
`
`
`
`
`
`IPR2018-01169 (’535 Patent)
`Patent Owner’s Objections to Petitioners’ Demonstratives
`
`Patent Owner objects to certain Petitioners’ demonstrative slides because they
`
`
`
`impermissibly raise new arguments not previously “raised in a paper.” 37 C.F.R. §
`
`42.70(a); Office Patent Trial Practice Guide. Demonstratives are “not intended to
`
`introduce new evidence or to be presented as additional briefing in the proceeding.”
`
`Guangdong Xinbao Electrical Appliances Holdings Co. v. Adrian Rivera, IPR2014-
`
`00042, Paper 44 at 2 (Oct. 27, 2014). The “burden on showing that a demonstrative
`
`slide does not present new argument or new evidence is on the party presenting the
`
`slide,” and “it cannot be made overly cumbersome for the Board and the opposing
`
`party to determine whether something is new.” CBS Interactive Inc. v. Helferich
`
`Patent Licensing, LLC., IPR2013-00033, Paper 118 at 4 (Oct. 23, 2013).
`
`Slide No.
`
`Slide 26
`
`Slide 27
`
`Slides 41-45
`
`
`Patent Owner’s Objections to Petitioner’s
`Demonstratives Exhibits (Ex. 1018)
`
`Patent Owner objects to this entire slide as improper new argument.
`It relies on the Petition’s assertions about how dependent claim 3 is
`satisfied to show motivation to combine for independent claim 1.
`
`Patent Owner objects to this entire slide as improper new argument.
`It relies on the Petition’s assertions about how dependent claim 3 is
`satisfied to show motivation to combine for independent claim 1.
`
`Patent Owner objects to these slides as improper new argument.
`They are quotations to caselaw that were not specifically cited or
`discussed in the papers.
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-01169 (’535 Patent)
`Patent Owner’s Objections to Petitioners’ Demonstratives
`
`Respectfully submitted,
`
`
`Dated: August 28, 2019
`
`
`
`
`
`/Philip X. Wang/
`
`Philip X. Wang (Reg. No. 74,621)
`Neil A. Rubin (Reg. No. 67,030)
`Reza Mirzaie (Reg. No. 69,138)
`C. Jay Chung (Reg. No. 71,007)
`Attorneys for Patent Owner
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`nrubin@raklaw.com
`pwang@raklaw.com
`rmirzaie@raklaw.com
`jchung@raklaw.com
`rak_realtimedata@raklaw.com
`
`
`
`2
`
`
`
`
`
`IPR2018-01169 (’535 Patent)
`Patent Owner’s Objections to Petitioners’ Demonstratives
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`The undersigned hereby certifies that the above document was served on
`
`August 28, 2019, by filing this document through the Patent Trial and Appeal Board
`
`End to End system as well as delivering a copy via electronic mail upon the following
`
`attorneys of record:
`
`For Petitioner Netflix, Inc.:
`
`Harper Batts (Reg. No. 56,160)
`HBatts@sheppardmullin.com
`Legaltm-Netflix-Realtime-IPRs@sheppardmullin.com
`Chris Ponder (Reg. No. 77,167)
`CPonder@sheppardmullin.com
`Jeffrey Liang (Reg. No. 69,043)
`JLiang@sheppardmullin.com
`Sheppard, Mullin, Richter & Hampton LLP
`
`
`For Petitioner ARRIS Solutions Inc.
`
`
`Jennifer Nall (Reg. No. 57,053)
`jennifer.nall@bakerbotts.com
`Eliot Williams (Reg. No. 50,822)
`eliot.williams@bakerbotts.com
`Andrew Wilson (Reg. No. 74,093)
`andrew.wilson@bakerbotts.com
`Michelle Eber (Reg. No. 67,338)
`michelle.eber@bakerbotts.com
`
`
`For Petitioner Comcast Cable Communications, LLC
`
`
`James Day (Reg. No. 72,681)
`jday@fbm.com
`Daniel Callaway (Reg. No. 74,267)
`dcallaway@fbm.com
`
`
`
`
`
`
`
`IPR2018-01169 (’535 Patent)
`Patent Owner’s Objections to Petitioners’ Demonstratives
`
`
`
`
`Dated: August 28, 2019
`
`
`
`
`
`/Philip X. Wang/
`
`Philip X. Wang (Reg. No. 74,621)
`Neil A. Rubin (Reg. No. 67,030)
`Reza Mirzaie (Reg. No. 69,138)
`C. Jay Chung (Reg. No. 71,007)
`Attorneys for Patent Owner
`
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`nrubin@raklaw.com
`pwang@raklaw.com
`rmirzaie@raklaw.com
`jchung@raklaw.com
`rak_realtimedata@raklaw.com
`
`
`
`
`
`
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