`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ROKU, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL ELECTRONICS INC.,
`Patent Owner.
`
`____________
`
`Case IPR2019-01614
`U.S. Patent 9,911,325
`
`____________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Universal Electronics Inc. (“Patent
`
`Owner” or “UEI”) hereby objects to the admissibility of evidence submitted by
`
`Roku, Inc. (“Petitioner”) with its Petition for Inter Partes Review of Claims 1-5
`
`and 7 of U.S. Patent No. 9,911,325 (“the ’325 Patent”), as set forth below. The
`
`following exhibits are inadmissible based on either the rules of these proceedings
`
`or the Federal Rules of Evidence (“FRE”).
`
`Patent Owner objects to Exhibits 10091-1026 as improperly incorporated by
`
`reference under 37 C.F.R. §§ 42.22(a)(2) and 42.6(a)(3). These exhibits were
`
`never cited in the Petition and are therefore in violation of the Board’s rules that
`
`the Petition contain “a detailed explanation of the significance of the evidence” and
`
`“prohibiting argument made in a supporting document from being incorporated by
`
`reference into a petition.” See Intervet Inc. a/k/a/ Merck Animal Health v.
`
`Boehringer Ingelheim Vetmedica, Inc., IPR2018-01788, Paper 9 at 8-9 (P.T.A.B.
`
`April 16, 2019).
`
`Patent Owner objects to those portions of Exhibit 1003 that address Exhibits
`
`1009-1026 as improper incorporation by reference under 37 C.F.R. §§ 42.22(a)(2)
`
`and 42.6(a)(3), as well as the other portions of Exhibit 1003 not cited or otherwise
`
`relied on in the Petition. Patent Owner further objects to Exhibit 1003 under FRE
`
`
`1 Petitioner appears to have meant to cite to Exhibit 1009 in the Petition but instead
`made a typographical error and cited to Exhibit 1010, which does not support the
`proposition in, nor is it related to, the associated text in the Petition. Patent Owner
`has thus objected to both exhibits for completeness.
`
`1
`
`
`
`
`
`702 to the extent the opinions contained in Exhibit 1003 are conclusory and lack
`
`sufficient explanation.
`
`Patent Owner additionally objects to Exhibits 1010-1013 and 1015-1017 as
`
`hearsay under FRE 801-802, and as lacking authentication under FRE 901. Patent
`
`Owner objects to those portions of Exhibit 1003 that address Exhibits 1010-1013
`
`and 1015-1017 under FRE 702 as conclusory and lacking sufficient explanation.
`
`Petitioner objects to Exhibit 1003 under FRE 702 because it is not based on
`
`sufficient facts or data, and is not the product of reliable principles and methods.
`
`Patent Owner further objects to Exhibit 1027 as irrelevant, confusing, and
`
`misleading under FRE 401, 402 and 403, and as incomplete under FRE 106 for
`
`failure to provide all related evidence.
`
`Patent Owner reserves the right to revise, modify, or assert additional or
`
`further objections.
`
`
`Dated: April 30, 2020
`
`
`
`/S. Benjamin Pleune/
`Benjamin S. Pleune
`Reg. No. 52,421
`ALSTON & BIRD LLP
`Bank of America Plaza, Suite 4000
`101 South Tryon Street
`Charlotte, NC 28280-4000
`Telephone: (704) 444-1000
`Facsimile: (704) 444-1111
`Email: ben.pleune@alston.com
`
`Counsel for Patent Owner
`Universal Electronics Inc.
`
`2
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.8 and 42.6(e), the undersigned hereby certifies
`
`that the foregoing was served electronically in its entirety on the following:
`
`Jon E. Wright, Reg. No. 50,720
`Lestin L. Kenton, Reg. No. 72,314
`Daniel S. Block, Reg. No. 68,395
`Timothy L. Tang, Reg. No. 75,187
`jwright-PTAB@sternekessler.com
`lkenton-PTAB@sternekessler.com
`dblock-PTAB@sternekessler.com
`ttang-PTAB@sternekessler.com
`PTAB@sternekessler.com
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, D.C. 20005
`TEL.: 202-772-8758
`FAX: 202-371-2540
`
`
`
`
`Dated: April 30, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`/S. Benjamin Pleune/
`Benjamin S. Pleune
`Reg. No. 52,421
`ALSTON & BIRD LLP
`Bank of America Plaza, Suite 4000
`101 South Tryon Street
`Charlotte, NC 28280-4000
`Telephone: (704) 444-1000
`Facsimile: (704) 444-1111
`Email: ben.pleune@alston.com
`
`Counsel for Patent Owner Universal
`Electronics Inc.
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
