`Patent 8,626,922
`
`Doug G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.:
`(949) 760-0404
`Fax:
`(949) 760-9502
`E-mail: BoxNomadix@knobbe.com
`
`Filed: June 11, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GUEST TEK INTERACTIVE ENTERTAINMENT LTD.,
`Petitioner,
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`v.
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`NOMADIX, INC.,
`Patent Owner.
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`
`
`Case IPR2019-00253
`Patent 8,626,922
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`PATENT OWNER NOMADIX’S OBJECTIONS TO
`EVIDENCE SUBMITTED WITH THE PETITION
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`IPR2019-00253
`Patent 8,626,922
`Patent Owner Nomadix objects to the following evidence that Petitioner Guest
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`Tek Interactive Entertainment submitted with its petition (Paper 1).
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`A.
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`First Set of Objections
`This first set of objections applies to the following exhibits:
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`Exhibit 1007 (“IEEE, INDEX Project Report #98-010P (May 1998)”), Exhibit
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`1009 (“IEEE, INDEX Project Report #99-010W (April 16, 1999)”), Exhibit 1010
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`(“U.S. Patent No. 6,496,504”), Exhibit 1011 (“Blake et al., Request for Comments
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`2475: An Architecture for Differentiated Services, IETF (Dec. 1998)”), Exhibit 1013
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`(“Printout from IEEE website regarding INDEX Project Report #98-010P”), Exhibit
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`1014 (“IETF, Request for Comment 2597: Assured Forwarding PHB Group (June
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`1999)”), Exhibit 1015 (“Andrew M Odlyzko, The economics of the Internet: Utility,
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`utilization, pricing, and Quality of Service, AT&T Labs, July 7, 1998”), Exhibit
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`1016 (“The ATM Forum, Traffic Management Specification Version 4.0, af-tm-
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`0056.000 (April 1996)”), Exhibit 1017 (“Jeffrey MacKie-Mason, Pricing the
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`Internet, February 10, 1994”), Exhibit 1018 (“Mitrabarun Sarkar, An Assessment of
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`Pricing Mechanisms for the Internet—A Regulatory Imperative, Journal of
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`Electronic Publishing, Volume 1, Issue 1&2, January-February 1995”), Exhibit 1019
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`(“Andrew M Odlyzko, The economics of the Internet: Utility, utilization, pricing,
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`and Quality of Service, AT&T Labs, July 7, 1998”), Exhibit 1020 (“Pages from
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`Electronics Dictionary, McGraw-Hill, 6th ed. (1997)”), Exhibit 1021 (“Eugen
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`IPR2019-00253
`Patent 8,626,922
`Wallmeier and Tom Worster, “The Spacing Policer, an algorithm for efficient peak
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`bit rate control in ATM networks,” Proc. International Switching Symposium 14,
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`October 1992”).
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`For each of these exhibits, Nomadix objects to the exhibit’s admissibility on
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`the following grounds:
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`• FRE 402: lack of foundation: The exhibit is not relevant to the instituted
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`grounds. It is irrelevant in light of the scope of the grounds (except for
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`Exhibit 1007; this exception applies only to this sentence). It is also
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`irrelevant because Petitioner failed to carry its burden to demonstrate
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`that the exhibit qualifies as prior art.
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`• FRE 403: Any probative value of the exhibit is substantially
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`outweighed by the danger of unfair prejudice, confusing the issues,
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`undue delay, wasting time, or needlessly presenting cumulative
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`evidence, at least because the document has not been established as
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`prior art.
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`• FRE 802: To the extent the exhibit is offered for the truth of the matters
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`asserted therein, it is inadmissible hearsay.
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`• FRE 901: Petitioner has failed to sufficiently authenticate the exhibit.
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`IPR2019-00253
`Patent 8,626,922
`Second Set of Objections
`B.
`The declaration testimony of Dr. Dordal (Exhibit 1002, (CORRECTED)) and
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`Mr. Grenier (Exhibit 1012) include assertions not based on personal knowledge
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`(FRE 602); opinions failing to satisfy the requirements for admissible lay opinions
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`at least because they are not rationally based on the witness’s perception, not helpful
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`to clearly understanding the witness’s testimony or to determining a fact in issue, or
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`are based on scientific, technical, or other specialized knowledge within the scope
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`of FRE 702 (FRE 701); opinions failing to satisfy the requirements for admissible
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`expert opinions at least because they are not based on sufficient facts or data, are not
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`the product of reliable principles or methods reliably applied to any pertinent facts,
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`or are unhelpful to understanding the evidence or determining a fact in issue (FRE
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`702); statements that are not relevant to the instituted grounds (FRE 402)—in some
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`cases irrelevant not only in light of the scope of the instituted grounds, but also
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`because the statements pertain to references not established as prior art or not
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`available as prior art in an inter partes review; testimony whose probative value, if
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`any, is substantially outweighed by the danger of unfair prejudice, confusing the
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`issues, undue delay, wasting time, or needlessly presenting cumulative evidence, at
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`least because the testimony concerns references unavailable or not established as
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`prior art or the testimony is conclusory and unsupported (FRE 403); and hearsay
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`(FRE 802). Nomadix objects in particular to the testimony of Mr. Grenier (Exhibit
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`IPR2019-00253
`Patent 8,626,922
`1012) as follows: ¶¶ 6-7, 9-11: FRE 402, 403, 602, 701, 702; Exhibit A and all
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`statements by Mr. Grenier about Exhibit A: 402, 403, 802. Nomadix objects in
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`particular to the testimony of Dr. Dordal (Exhibit 1002) as follows: ¶¶ 16-18, 23-
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`25, 27-28, 30-38, 39-46, 47-52, 53-57, 58-61, 63-67, 68-74, 75-87, 88-98, 99-107:
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`FRE 402, 403, 602, 701, 702.
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`
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`Dated: June 11, 2019
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`/Douglas G. Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
`Customer No. 20995
`(949) 760-0404
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`IPR2019-00253
`Patent 8,626,922
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`CERTIFICATE OF SERVICE
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
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`of counsel for Petitioner, a true and correct copy of PATENT OWNER
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`NOMADIX’S OBJECTIONS TO EVIDENCE SUBMITTED WITH THE
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`PETITION is being served electronically on June 11, 2019, to the e-mail addresses
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`shown below:
`
`Jeffrey W. Lesovitz
`Baker & Hostetler LLP
`jlesovitz@bakerlaw.com
`
`Steven J. Rocci
`Baker & Hostetler LLP
`srocci@bakerlaw.com
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`Daniel J. Goettle
`Baker & Hostetler LLP
`dgoettle@bakerlaw.com
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`Guest-TekIPR@bakerlaw.com
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`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`Dated: June 11, 2019
`
`
`30720184
`
`/Douglas G. Muehlhauser/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
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