`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
`
`UNIFIED PATENTS, LLC
`Petitioner
`
`v.
`
`MEMORYWEB, LLC
`Patent Owner
`____________
`
`Case No. IPR2021-01413
`Patent 10,621,228
` ____________
`
`
`PETITIONER’S OBJECTIONS TO EVIDENCE ACCOMPANYING
`PATENT OWNER’S SUR-REPLY
`
`
`
`
`
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), 37 C.F.R. § 42.23(b), and the Federal
`
`Rules of Evidence (“FRE”), Petitioner Unified Patents, LLC (“Petitioner”) hereby
`
`objects
`
`to Exhibits 2041-2045, which were submitted by Patent Owner
`
`MemoryWeb, LLC (“Patent Owner”) with its Sur-Reply (Paper 35) on October 11,
`
`2022. These objections are timely filed pursuant to 37 C.F.R. § 42.64(b)(1) within
`
`five business days of service of evidence to which the objection is directed.
`
`1. Objections under 37 C.F.R. § 42.23(b)
`
`Exhibits 2041-2045 are objected to under 37 C.F.R. § 42.23(b). “A sur-reply
`
`may only respond to arguments raised in the corresponding reply and may not be
`
`accompanied by new evidence other than deposition transcripts of the cross-
`
`examination of any reply witness.” 37 CFR § 42.23(b); Consolidated Trial Practice
`
`Guide, p. 73. Exhibits 2041-2045 are not deposition transcripts. Therefore, Exhibits
`
`2041-2045 constitute improper new evidence.
`
`
`
`
`
`
`
`1
`
`
`
`2. Objections under the FRE
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`
`Exhibit
`
`Number(s)
`
`EX2041,
`
`EX2042
`
`Objections
`
`Exhibits 2041–2042 appear to be definitions from an online
`
`dictionary
`
`indirectly offered as evidence
`
`for claim
`
`constructions taken by Patent Owner. Petitioner states the
`
`following objections:
`
`
`
`FRE 106: Petitioner objects to this Exhibit as being
`
`incomplete. The Exhibit appears to constitute only a portion
`
`of the document it purports to be as text on multiple pages is
`
`obstructed and unreadable. Fairness requires consideration of
`
`the entire document.
`
`
`
`FRE 401, 402, and 403: Petitioner objects to this evidence as
`
`irrelevant and because any probative value is substantially
`
`outweighed by a danger of unfair prejudice, confusing the
`
`
`
`2
`
`
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`issues, and wasting time. Patent Owner has not provided any
`
`foundation for what this Exhibit is, how it was maintained,
`
`whether it is accurate, whether the information therein is
`
`reflective of the state of the art at the time of the patent,
`
`whether any date printed thereon is accurate, nor whether it
`
`was ever actually published or publicly available prior to the
`
`priority date of the ’228 Patent.
`
`
`
`FRE 801-807: Petitioner objects
`
`to
`
`this Exhibit as
`
`constituting hearsay offered for a hearsay purpose to which no
`
`valid exception applies.
`
`
`FRE 901 and 902: Petitioner objects to this Exhibit as being
`
`an unauthenticated document that is not self-authenticating
`
`under FRE 902. Patent Owner has not submitted an
`
`authenticating declaration explaining what this Exhibit is,
`
`how it was acquired, or how it was made.
`
`
`
`3
`
`
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`Exhibit 2043 appears to be a definition from a different online
`
`EX2043
`
`dictionary from Exhibits 2041–2042, again indirectly offered
`
`as evidence for claim constructions taken by Patent Owner.
`
`Petitioner states the following objections:
`
`
`
`FRE 401, 402, and 403: Petitioner objects to this evidence as
`
`irrelevant and because any probative value is substantially
`
`outweighed by a danger of unfair prejudice, confusing the
`
`issues, and wasting time. Patent Owner has not provided any
`
`foundation for what this Exhibit is, how it was maintained,
`
`whether it is accurate, whether the information therein is
`
`reflective of the state of the art at the time of the patent,
`
`whether any date printed thereon is accurate, nor whether it
`
`was ever actually published or publicly available prior to the
`
`priority date of the ’228 Patent.
`
`
`
`
`
`4
`
`
`
`FRE 801-807: Petitioner objects
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`to
`this Exhibit as
`
`constituting hearsay offered for a hearsay purpose to which no
`
`valid exception applies.
`
`
`FRE 901 and 902: Petitioner objects to this Exhibit as being
`
`an unauthenticated document that is not self-authenticating
`
`under FRE 902. Patent Owner has not submitted an
`
`authenticating declaration explaining what this Exhibit is,
`
`how it was acquired, or how it was made.
`
`EX2044
`
`FRE 401, 402, and 403: Petitioner objects to this evidence as
`
`irrelevant and because any probative value is substantially
`
`outweighed by a danger of unfair prejudice, confusing the
`
`issues, and wasting time. Patent Owner has not provided any
`
`foundation for what this Exhibit is, how it was maintained,
`
`whether it is accurate, whether any date printed thereon is
`
`accurate, nor whether it was ever actually published or
`
`publicly available prior to the priority date of the ’228 Patent.
`
`
`
`5
`
`
`
`
`
`FRE 801-807: Petitioner objects
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`to
`this Exhibit as
`
`constituting hearsay offered for a hearsay purpose to which no
`
`valid exception applies.
`
`
`FRE 901 and 902: Petitioner objects to this Exhibit as being
`
`an unauthenticated document that is not self-authenticating
`
`under FRE 902. Patent Owner has not submitted an
`
`authenticating declaration explaining what this Exhibit is,
`
`how it was acquired, or how it was made.
`
`EX2045
`
`FRE 401, 402, and 403: Petitioner objects to this evidence as
`
`irrelevant and because any probative value is substantially
`
`outweighed by a danger of unfair prejudice, confusing the
`
`issues, and wasting time.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: October 18, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Ellyar Y. Barazesh/
`Ellyar Y. Barazesh
`Reg. No. 74,096
`
`COUNSEL FOR PETITIONER
`
`
`
`6
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2021-01413
`U.S. Patent 10,621,228
`
`
`The undersigned hereby certifies
`
`that a copy of
`
`the
`
`foregoing
`
`
`
`
`PETITIONER’S OBJECTIONS TO EVIDENCE ACCOMPANYING PATENT
`
`OWNER’S SUR-REPLY was served on October 18, 2022, via electronic mail, as
`
`agreed to by counsel, upon the following counsel for Patent Owner:
`
`Jennifer Hayes
`Nixon Peabody LLP
`300 South Grand Avenue, Suite 4100
`Los Angeles, CA 90071-3151
`jenhayes@nixonpeabody.com
`
`
`
`George Dandalides
`Nixon Peabody LLP
`70 West Madison, Suite 5200
`Chicago, IL 60602-4224
`gdandalides@nixonpeabody.com
`
`Matthew A. Werber
`Nixon Peabody LLP
`70 West Madison, Suite 5200
`Chicago, IL 60602-4224
`mwerber@nixonpeabody.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Ashley F. Cheung/
`Ashley F. Cheung
`Paralegal
`Unified Patents, LLC
`
`
`
`Date: October 18, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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
