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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SLING TV, L.L.C., et al.,
`Petitioners
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`v.
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`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner
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`Case IPR2018-013421
`Patent 8,934,535
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`PETITIONER’S STATEMENT OF OBJECTIONS TO
`PATENT OWNER’S DEMONSTRATIVES
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`1 GOOGLE LLC, who filed a petition in IPR2019-00748, and COMCAST CABLE
`COMMUNICATIONS, LLC, who filed a petition in IPR2019-00760, have been
`joined as petitioners in this proceeding.
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`Attorney Docket: 45035-0002IP4
`IPR2018-01342
`Petitioners Sling TV L.L.C., Sling Media, L.L.C., DISH Network L.L.C.,
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`and DISH Technologies, L.L.C. (collectively “Petitioner” or “DISH”) submit the
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`following objections to the demonstratives filed by Realtime Adaptive Streaming
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`LLC (“Patent Owner” or “Realtime”) in connection with the oral hearing
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`scheduled for December 5, 2019. Pursuant to the Board’s Order Granting the
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`Petitioner’s Requests for Oral Hearing (Paper 37), this Statement of Objections is
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`being filed at least three business days before the oral hearing.
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`Slide 17 of Patent Owner’s Demonstratives
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`Petitioner objects to the second and third bullet points of slide 17, which
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`respectively state “Sling’s Petition cites Netflix’s earlier-filed petition that
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`proposed the construction,” and “The Board denied Sling’s request to supplement
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`Petition for ‘access profile’ under Netflix construction.” Realtime made neither
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`argument in support of its position that Petitioner waived its ability to address the
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`construction of “access profile” preliminarily adopted in the Netflix IPR (IPR2018-
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`01169). Moreover, the Board expressly directed the parties to address the Netflix
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`construction in its briefing. Paper 17 at 4 (“Accordingly, we direct Patent Owner
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`to address in its Patent Owner Response in this proceeding why it believes our
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`preliminary construction of ‘access profile’ from IPR2018-01169 is incorrect. . . .
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`Petitioner may submit directly responsive rebuttal evidence and arguments in
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`support of its reply.”).
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`1
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`Attorney Docket: 45035-0002IP4
`IPR2018-01342
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`Slide 23 of Patent Owner’s Demonstratives
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`Petitioner objects to the second bullet point of slide 23, which alleges that
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`“Dr. Acton declined to answer questions about embodiments, including how many
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`embodiments are disclosed or whether he analyzed that question.” Realtime’s
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`allegation constitutes new argument that it did not present at any time in its
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`briefing. Further, Realtime’s statement is a misrepresentation of the evidence, as at
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`no time during his deposition did Dr. Acton “decline[] to answer” such questions.
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`As such, the objected to portion of slide 23 is unfairly prejudicial to DISH.
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`2
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`Attorney Docket: 45035-0002IP4
`IPR2018-01342
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`Respectfully submitted,
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`/Adam R. Shartzer/
`Adam R. Shartzer, Reg. No. 57,264
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`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Attorney for Petitioners
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`Dated: December 2, 2019
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`Attorney Docket: 45035-0002IP4
`IPR2018-01342
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4), the undersigned certifies that on
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`December 2, 2019, a complete and entire copy of this Petitioner’s Statement of
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`Objections to Patent Owner’s Demonstratives were provided via email, to the
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`Patent Owner by serving the email correspondence addresses of record as follows:
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`Philip X. Wang
`C. Jay Chung
`Kent N. Shum
`Reza Mirzaie
`Neil A. Rubin
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Floor
`Los Angeles, CA 90025
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`Email: pwang@raklaw.com
`Email: jchung@raklaw.com
`Email: kshum@raklaw.com
`Email: rmirzaie@raklaw.com
`Email: nrubin@raklaw.com
`Email: rak_realtimedata@raklaw.com
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`/Christine Rogers/
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`Christine Rogers
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(650) 839-5092
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`4
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