`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioners,
`
`v.
`
`RFCYBER CORP.,
`Patent Owner.
`
`
`
`U.S. Patent No. 9,240,009 to Koh et al.
`IPR Case No. IPR2021-00981
`
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EXHIBITS
`
`
`
`
`
`
`Patent No. 9,240,009
`IPR2021-00981
`Pursuant to 37 C.F.R. § 42.64 Petitioner, submits the following objections to
`
`Objections to Patent Owner’s Exhibits
`
`
`
`Patent Owner’s Exhibit 2007 filed with Patent Owner’s Preliminary Response.
`
`Petitioner’s objections apply equally to Patent Owner’s reliance on this exhibit in
`
`any subsequently-filed documents. Petitioner’s objections are timely, being filed
`
`within 10 business days of the Institution Decision entered in this proceeding. As
`
`required by 37 C.F.R § 42.62, Petitioner’s objections below apply the Federal Rules
`
`of Evidence.
`
`I.
`
`OBJECTIONS TO EXHIBIT 2007
`Grounds for objection: Petitioner objects to Exhibit 2007 under Fed. R. Evid.
`
`401-403 as lacking relevance and because its probative value is substantially
`
`outweighed by the danger of unfair prejudice, confusing the issues, and misleading
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`the fact finder at least because there is no verification of the Interrogatory Responses
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`by Patent Owner, the documents cited or referenced therein and their accompanying
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`metadata have not been provided in this case and are thus not evidence, and because
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`Exhibit 2007 contains unsupported attorney argument. Thus, there is no indication
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`that the testimony will help the Board understand the evidence or determine a fact
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`in issue. See Fed. R. Evid. 401-403.
`
`Petitioner also objects to the entirety of Exhibit 2007 as constituting
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`impermissible hearsay and double hearsay to which no exception applies to the
`
`
`
`1
`
`
`
`Patent No. 9,240,009
`IPR2021-00981
`extent that Patent Owner relies on statements therein to prove the truth of those
`
`Objections to Patent Owner’s Exhibits
`
`
`
`statements. See Fed. R. Evid. 801-802.
`
`
`
`
`
`Date: December 29, 2021
`
`
`
`
`
`Respectfully submitted,
`
`GREENBERG TRAURIG, LLP
`
`
`By: /s/ Heath J. Briggs
`
`
`Heath J. Briggs (Reg. No. 54,919)
`1144 15th St. Suite 3300
`Denver, CO 80202
`Telephone: 303-685-7418
`Facsimile: 720-904-6118
`BriggsH@gtlaw.com
`
`Counsel for Petitioners
`
`
`
`2
`
`
`
`Patent No. 9,240,009
`IPR2021-00981
`
`
`
`Objections to Patent Owner’s Exhibits
`
`CERTIFICATE OF SERVICE
`
`In accordance with § 42.6(e)(1), the undersigned certifies that on the 29th
`
`day of December, 2021, PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`
`EXHIBITS was served, via electronic mail upon the following counsel for Patent
`
`Owner:
`
`
`
`
`
`• plambrianakos@fabricantllp.com
`
`• vrubino@fabricantllp.com
`
`• eiturralde@fabricantllp.com
`
`• rcowell@fabricantllp.com
`
`• ptab@fabricantllp.com
`
`Date: December 29, 2021
`
`
`
`Respectfully submitted,
`
`GREENBERG TRAURIG, LLP
`
`By: /s/ Heath J. Briggs
`
`
`Heath J. Briggs (Reg. No. 54,919)
`1144 15th St. Suite 3300
`Denver, CO 80202
`Telephone: 303-685-7418
`Facsimile: 720-904-6118
`BriggsH@gtlaw.com
`
`Counsel for Petitioners
`
`
`
`1
`
`
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