IPR2021-01080
`Paper 18
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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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`––––––––––––––
`
`
`
`Bank of America, N.A.,
`Petitioner
`
`
`v.
`
`Nant Holdings IP, LLC,
`Patent Owner
`––––––––––––––
`
`Case No. IPR2021-01080
`U.S. Patent No. 8,463,030
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`––––––––––––––
`
`PATENT OWNER’S NOTICE OF OBJECTIONS TO EVIDENCE
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`
`
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`Paper 18
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––
`
`
`
`Bank of America, N.A.,
`Petitioner
`
`
`v.
`
`Nant Holdings IP, LLC,
`Patent Owner
`––––––––––––––
`
`Case No. IPR2021-01080
`U.S. Patent No. 8,463,030
`
`––––––––––––––
`
`PATENT OWNER’S NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`
`
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`IPR2021-01080
`Paper 18
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`I.
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`INTRODUCTION
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`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Nant Holdings IP,
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`LLC (“Patent Owner”), submits the following objections to Petitioner Bank
`
`of America, N.A.’s (“Petitioner”) Exhibits 1003, 1007, 1008, 1015, 1019, and
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`1022. As required by 37 C.F.R. § 42.62, Patent Owner’s objections below
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`apply the Federal Rules of Evidence (“FRE”).
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`II. OBJECTIONS
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`A. Objections to Exhibit 1003 – Declaration of Jeffrey
`Rodriguez, Ph.D.
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`Grounds for Objection: FRE 401-403
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`Patent Owner objects to the admissibility of certain portions of Exhibit
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`1002 under FRE 401, 402, and 403. Patent Owner objects to Exhibit 1003 to
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`the extent that is not cited by the petition, including but not limited to
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`paragraphs 30-41, 44-52, 55-58, 60-69, 71-77, 86-102, and 193-197. Because
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`the petition does not rely on those portions of Exhibit 1003, they are not
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`relevant to the instituted grounds of review. Further, to the extent the uncited
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`portions of Exhibit 1003 are deemed relevant, their admission would be
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`unduly prejudicial, misleading, and a waste of time in view of the fact that
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`they are not cited in the petition.
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`IPR2021-01080
`Paper 18
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`B. Objections to Exhibit 1007 – L. O’Gorman and R. Kasturi,
`Document Image Analysis, IEEE Computer Society
`Executive Briefing (IEEE Computer Society Press, 1997)
`
`Grounds for Objection: FRE 401-403
`
`Patent Owner objects to the admissibility of Exhibit 1007 under FRE
`
`401, 402, and 403. Patent Owner objects to Exhibit 1007 because it is not
`
`cited in the petition. Because the petition does not rely on Exhibit 1007, it is
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`not relevant to the instituted grounds of review. Further, to the extent Exhibit
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`1007 is deemed relevant, its admission would be unduly prejudicial,
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`misleading, and a waste of time in view of the fact that it is not cited in the
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`petition. Patent Owner further objects to Exhibit 1007 because Petitioner has
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`not established that Exhibit 1007 is prior art. To the extent that Exhibit 1007
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`is not prior art, it is not relevant to the instituted grounds of review.
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`C. Objections to Exhibit 1008 – Provisional Application No.
`60/246,295
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`Grounds for Objection: FRE 401-403
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`Patent Owner objects to the admissibility of Exhibit 1008 under FRE
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`401, 402, and 403. Patent Owner objects to Exhibit 1008 because it is not
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`cited in the petition. Because the petition does not rely on Exhibit 1008, it is
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`not relevant to the instituted grounds of review. Further, to the extent Exhibit
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`1008 is deemed relevant, its admission would be unduly prejudicial,
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`misleading, and a waste of time in view of the fact that it is not cited in the
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`IPR2021-01080
`Paper 18
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`petition.
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`D. Objections to Exhibit 1015 – Defendants Bank of America
`Corporation and Bank of America, N.A.’s Answer to First
`Amended Complaint, Affirmative Defenses, and
`Counterclaims, NantWorks, LLC and Nant Holdings IP, LLC
`v. Bank of America Corporation and Bank of America, N.A.,
`2:20-CV-7872-GW-PVC (C.D. Cal. Nov. 11, 2020), ECF No.
`99
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`Grounds for Objection: FRE 401-403, 801, 802
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`Patent Owner objects to the admissibility of Exhibit 1015 under FRE
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`401, 402, and 403. Patent Owner objects to Exhibit 1015 because it is not
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`cited in the petition. Because the petition does not rely on Exhibit 1015, it is
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`not relevant to the instituted grounds of review. Further, to the extent Exhibit
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`1015 is deemed relevant, its admission would be unduly prejudicial,
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`misleading, and a waste of time in view of the fact that it is not cited in the
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`petition.
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`Patent Owner further objects to the admissibility of Exhibit 1015 under
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`FRE 801 and 802 to the extent it is impermissible hearsay.
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`E. Objections to Exhibit 1019 – Declaration of Silvia Hall-Ellis,
`Ph.D. and accompanying Attachments 1a–1f and 2.
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`Grounds for Objection: FRE 401-403, 801, 802
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`IPR2021-01080
`Paper 18
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`Patent Owner objects to the admissibility of Exhibit 1019 under FRE
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`401, 402, and 403. Patent Owner objects to Exhibit 1019 because it is not
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`cited in the petition. Because the petition does not rely on Exhibit 1019, it is
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`not relevant to the instituted grounds of review. Further, to the extent Exhibit
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`1019 is deemed relevant, its admission would be unduly prejudicial,
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`misleading, and a waste of time in view of the fact that it is not cited in the
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`petition.
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`Patent Owner further objects to Attachments 1a-1f of Exhibit 1019
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`under FRE 801 and 802 because they are impermissible hearsay.
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`F. Objections to Exhibit 1022 – U.S. Patent No. 6,947,571,
`entitled “Cell Phones With Optical Capabilities, and
`Related Applications” to Geoffrey B. Rhoads, et al.
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`Grounds for Objection: FRE 401-403
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`Patent Owner objects to the admissibility of Exhibit 1022 under FRE
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`401, 402, and 403. Patent Owner objects to Exhibit 1022 because it is not
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`cited in the petition. Because the petition does not rely on Exhibit 1022, it is
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`not relevant to the instituted grounds of review. Further, to the extent Exhibit
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`1022 is deemed relevant, its admission would be unduly prejudicial,
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`misleading, and a waste of time in view of the fact that it is not cited in the
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`petition.
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`Date: December 15, 2021
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`
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`IPR2021-01080
`Paper 18
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` By: /s/ James Glass
`James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Email: jimglass@quinnemanuel.com
`Phone: 212-849-7142
`Fax: 212-849-7100
`
`Counsel for Patent Owner
`Nant Holdings IP, LLC
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`IPR2021-01080
`Paper 18
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`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(E), 42.105(A))
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`The undersigned hereby certifies that the foregoing document was
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`served in its entirety on December 15, 2021 upon the following parties via
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`Electronic Mail:
`
`DEdwards@winston.com
`MFrench@winston.com
`DKumar@winston.com
`WS-BAC-NW@winston.com
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`Date: December 15, 2021
`
` By: /s/ James Glass
`James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Email: jimglass@quinnemanuel.com
`Phone: 212-849-7142
`Fax: 212-849-7100
`
`Counsel for Patent Owner
`Nant Holdings IP, LLC
`
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`6
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