`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`VISA INC. and VISA U.S.A. INC.,
`Petitioners,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC,
`Patent Owner
`________________
`
`Case IPR2018-01350
`U.S. Patent No. 8,856,539
`________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`Case IPR2018-01350
`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 Petitioners Visa Inc. and
`
`Visa U.S.A. Inc. (“Petitioners”) served with their Petitioners’ Reply to Patent Owner
`
`Response (Paper 16) and Petitioners’ Opposition to Patent Owner’s Conditional
`
`Motion to Amend (Paper 17). These objections are timely filed and served within
`
`five business days of service of the evidence.
`
`Evidence
`
`Exhibit 1021
`
`Exhibits 1016 –
`1020, 1022
`
`Objections
`
`Patent Owner objects to this exhibit because it includes
`information that is not discussed sufficiently in Petitioners’
`Opposition to Patent Owner’s Conditional Motion to Amend.
`Admissibility of such declaration would permit the use of
`declarations to circumvent applicable page limits.
`
`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 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.
`
`Patent Owner objects to exhibits 1016-1020 because they
`improperly introduce new evidence for the first time on
`Reply. Admissibility of these exhibits would permit
`Petitioners to violate the requirement that they must include
`all their theories, arguments, and evidence with their
`Petition.
`
`
`
`
`Case IPR2018-01350
`U.S. Patent No. 8,856,539
`
` Patent Owner’s Objections to Evidence
`
`Patent Owner further objects to Petitioners’ attempt to rely
`on exhibits 1016 and 1017 as prior art and/or to show the
`alleged state of the art or understanding of a POSITA.
`Petitioners have not demonstrated that these exhibits are
`“printed publications” within the meaning of 35 U.S.C.
`§§ 102 and 311(b).
`
`FRE 401, 402, and 403: Patent Owner objects to exhibits
`1016-1020 and 1022 because they are not relied on as
`references, they do not rebut the arguments in Patent
`Owner’s Response or Conditional Motion to Amend, and/or
`Petitioners do not allege that the challenged or substitute
`claims are anticipated or obvious based on these exhibits.
`Exhibits 1016-1020 and 1022 are irrelevant, and their
`probative value is substantially outweighed by a danger of
`unfair prejudice, confusing the issues, wasting time, and
`needlessly presenting cumulative evidence.
`
`FRE 901: Patent owner also objects to exhibits 1016-1020 as
`unauthenticated documents that are not self-authenticating
`under FRE 902. Thus, these exhibits lack authentication.
`
`Date: August 19, 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 IPR2018-01350
`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 August 19, 2019 by e-mailing copies to:
`
`Matthew A. Argenti (Reg. No. 61,836)
`margenti@wsgr.com
`Michael T. Rosato (Reg. No. 52,182)
`mrosato@wsgr.com
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`
`Date: August 19, 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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