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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`ROKU, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL ELECTRONICS INC.,
`Patent Owner.
`
`____________
`
`Case IPR2019-01615
`U.S. Patent 9,716,853
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`____________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Universal Electronics Inc. (“Patent
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`Owner” or “UEI”) hereby objects to the admissibility of evidence submitted by
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`Roku, Inc. (“Petitioner”) with its Petition for Inter Partes Review of Claims 1, 3, 5,
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`and 7 of U.S. Patent No. 9,716,853 (“the ’853 Patent”), as set forth below. The
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`following exhibits are inadmissible based on either the rules of these proceedings
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`or the Federal Rules of Evidence (“FRE”).
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`Patent Owner objects to Exhibits 1007-1009, 1011, 1019-1020, 1022, 1024-
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`1033, and 1036 as improperly incorporated by reference under 37 C.F.R. §§
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`42.22(a)(2) and 42.6(a)(3). These exhibits were never cited in the Petition and are
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`therefore in violation of the Board’s rules that the Petition contain “a detailed
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`explanation of the significance of the evidence” and “prohibiting argument made in
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`a supporting document from being incorporated by reference into a petition.” See
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`Intervet Inc. a/k/a/ Merck Animal Health v. Boehringer Ingelheim Vetmedica, Inc.,
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`IPR2018-01788, Paper 9 at 8-9 (P.T.A.B. April 16, 2019).
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`Patent Owner objects to those portions of Exhibits 1003, 1043, and 1048-
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`1049 that address Exhibits 1007-1009, 1011, 1019-1020, 1022, 1024-1033, and
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`1036 as improper incorporation by reference under 37 C.F.R. §§ 42.22(a)(2) and
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`42.6(a)(3), as well as the other portions of Exhibits 1003, 1043, and 1048-1049 not
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`cited or otherwise relied on in the Petition. Patent Owner further objects to
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`Exhibits 1003, 1043, and 1048-1049 under FRE 702 to the extent the opinions
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`1
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`contained in Exhibits 1003, 1043, and 1048-1049 are conclusory and lack
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`sufficient explanation.
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`Patent Owner further objects to Exhibits 1009 and 1019 as not cited or
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`discussed by either the Petition or Exhibits 1003, 1043, or 1048-1049.
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`Patent Owner additionally objects to Exhibits 1008, 1010-1011, 1019-1020,
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`1022, 1024-1033, 1036, 1042, 1044, and 1045-1046 as hearsay under FRE 801-
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`802, and as lacking authentication under FRE 901. Patent Owner objects to those
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`portions of Exhibits 1003, 1043, and 1048-1049 that address Exhibits 1008, 1010-
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`1011, 1019-1020, 1022, 1024-1033, 1036, 1042, 1044, and 1045-1046 under FRE
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`702 as conclusory and lacking sufficient explanation. Petitioner objects to Exhibits
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`1003, 1043, and 1048-1049 under FRE 702 because each is not based on sufficient
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`facts or data, and is not the product of reliable principles and methods.
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`Patent Owner further objects to Exhibits 1009, 1016, and 1019 as irrelevant,
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`confusing, and misleading under FRE 401, 402 and 403, and as incomplete under
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`FRE 106 for failure to provide all related evidence.
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`Patent Owner reserves the right to revise, modify, or assert additional or
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`further objections.
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`Dated: May 1, 2020
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`
`
`
`/S. Benjamin Pleune/
`Benjamin S. Pleune
`Reg. No. 52,421
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`
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`2
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`
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`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.
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`
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.8 and 42.6(e), the undersigned hereby certifies
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`that the foregoing was served electronically in its entirety on the following:
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`Jon E. Wright
`Lestin L. Kenton
`Daniel S. Block
`Ali H. Allawi
`jwright-PTAB@sternekessler.com
`lkenton-PTAB@sternekessler.com
`dblock-PTAB@sternekessler.com
`aallawi-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
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`
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`Dated: May 1, 2020
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`
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`/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.
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`4
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