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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GOOGLE LLC,
`Petitioner
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`v.
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`ECOFACTOR, INC.,
`Patent Owner
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`IPR2021-00054
`Patent No. 10,534,382
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`PATENT OWNER’S OBJECTION TO PETITIONER’S EVIDENCE
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`IPR2021-00054
`Patent No. 10,534,382
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to Exhibit 1028 -
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`Redacted Excerpt from Rebuttal Expert Report of Dr. Don Turnbull Regarding the
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`Non-Infringement of U.S. Pat. Nos. 8,412,488, 8,738,327 and 10,534,382 in
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`EcoFactor, Inc. v. Google LLC, Civil Action No. 6:20-cv-00075 (ADA) (W.D.
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`Tex.), pp. 108-109.
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`Patent Owner objects to Exhibit 1028 as inadmissible hearsay under Rules
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`801 and 802 of the Federal Rules of Evidence. Exhibit 1028 is an out-of-court
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`statements offered for its truth, and no hearsay exception applies.
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`Exhibit 1028 is also inadmissible under Rules 401-403 of the Federal Rules
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`of Evidence because it is irrelevant, unfairly prejudicial, would result in confusing
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`the issues, and would needlessly present cumulative evidence.
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`Respectfully submitted,
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`Dated: November 10, 2021
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`/s/ Philip X. Wang
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`Philip X. Wang (Reg. No. 74,621)
`Reza Mirzaie (Reg. No. 69,138)
`Kristopher Davis (Reg. No. 62,063)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`pwang@raklaw.com
`rak_ecofactor@raklaw.com
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`1
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`IPR2021-00054
`Patent No. 10,534,382
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
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`The undersigned hereby certifies that the above document was served on
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`November 10, 2021, by filing this document through the Patent Trial and Appeal
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`Board End to End system as well as delivering a copy via electronic mail upon the
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`following attorneys of record for the Petitioner:
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`Matthew A. Smith
`Andrew S. Baluch
`smith@smithbaluch.com
`baluch@smithbaluch.com
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`/s/ Philip X. Wang
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`Philip X. Wang (Reg. No. 74,621)
`Reza Mirzaie (Reg. No. 69,138)
`Kristopher Davis (Reg. No. 62,063)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`pwang@raklaw.com
`rak_ecofactor@raklaw.com
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`Dated: November 10, 2021
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