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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ZYNGA INC.,
`Petitioner,
`
`v.
`
`IGT,
`Patent Owner.
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`
`
`Case IPR2022-00200
`Patent 8,795,064
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`PATENT OWNER’S OBJECTIONS
`TO EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
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`Case IPR2022-00200
`U.S. Patent 8,795,064
`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to the following
`
`of Petitioners’ Exhibits:
`
`• 1003 (Expert Declaration of David Crane);
`
`• 1004 (WO 00/32286 to Aristocrat);
`
`• 1005 (U.S. Patent No. 5,761,647 to Boushy); and
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`• 1009 (June 30, 2021 Cover Pleading for Patent Owner’s Preliminary
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`Infringement Contentions in IGT v. Zynga Inc., Case No. 6:21-cv-
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`00331-ADA (W.D. Tex.)).
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`1
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`Case IPR2022-00200
`U.S. Patent 8,795,064
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`I.
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`OBJECTION TO PETITIONER’S EXHIBIT 1003
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`Patent Owner objects to Exhibit 1003 because it contains unreliable
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`testimony under FRE 702 and Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579
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`(1993). In particular, Mr. Crane’s declaration includes numerous purported
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`“expert” opinions on matters about which Mr. Crane is not qualified to offer such
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`“expert” testimony. Mr. Crane’s declaration demonstrates that he has insufficient
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`knowledge, skill, experience, training, and education regarding relevant gaming
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`systems because he identifies no such knowledge in his background or on his CV
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`(Ex. 1003 ¶¶ 6–14 & Appendix A).
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`Patent Owner also objects to Exhibit 1003 as inadmissible hearsay under
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`FRE 801 and 802 to the extent Petitioner does not make Mr. Crane available for
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`deposition in this proceeding.
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`II.
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`OBJECTION TO PETITIONER’S EXHIBITS 1004 AND 1005
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`Patent Owner objects to Exhibits 1004 and 1005 to the extent that Petitioner
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`relies on their contents for the truth of the matters asserted therein. Exhibits 1004
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`and 1005 are inadmissible hearsay under FRE 801 and 802, and no exception
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`applies.
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`III.
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`OBJECTION TO PETITIONER’S EXHIBIT 1009
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`Petitioner relies on Exhibit 1009 for its argument relating to the Fintiv
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`factors. Paper 1 at 10. Because Exhibit 1009 is irrelevant to any substantive issue
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`2
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`or any unresolved issue in this proceeding, it is inadmissible under FRE 401 and
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`402 because it lacks a tendency to make any fact at issue in this proceeding more
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`Case IPR2022-00200
`U.S. Patent 8,795,064
`
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`or less probable.
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`Dated: June 21, 2022
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`
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`Respectfully submitted,
`
`/ Charles C. Carson /
`Charles C. Carson (Reg. No. 46,603)
`ccarson@bakerlaw.com
`Postal and Hand-Delivery Address:
`BAKERHOSTETLER
`1050 Connecticut Avenue, NW
`Suite 1100
`Washington, D.C. 20036
`Telephone: (202) 861-1771
`Facsimile: (202) 861-1783
`
`Leif R. Sigmond, Jr. (Reg. No. 35,680)
`lsigmond@bakerlaw.com
`Postal and Hand-Delivery Address:
`BAKERHOSTETLER
`One North Wacker Dr
`Suite 4500
`Chicago, IL 60606
`Telephone: (312) 416-6275
`Facsimile: (312) 416-6201
`
`Jennifer M. Kurcz (Reg. No. 54,481)
`jkurcz@bakerlaw.com
`Postal and Hand-Delivery Address:
`BAKERHOSTETLER
`One North Wacker Dr
`Suite 4500
`Chicago, IL 60606
`Telephone: (312) 416-6282
`Facsimile: (312) 416-6201
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`3
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`Case IPR2022-00200
`U.S. Patent 8,795,064
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`
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`Daniel J. Goettle (Reg. No. 50,983)
`dgoettle@bakerlaw.com
`Postal and Hand-Delivery Address:
`BAKERHOSTETLER
`1735 Market Street
`Suite 3300
`Philadelphia, PA 19103-7501
`Telephone: (215) 564-8974
`Facsimile: (215) 568-3439
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`Attorneys for Patent Owner
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`4
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`Case IPR2022-00200
`U.S. Patent 8,795,064
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
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`correct copy of the foregoing document by electronic service to the following
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`counsel on June 21, 2022:
`
`K. Patrick Herman
`Orrick, Herrington & Sutcliffe LLP
`51 West 52nd Street
`New York, NY 10019
`P52PTABDocket@orrick.com
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`T. Vann Pearce, Jr.
`Orrick, Herrington & Sutcliffe LLP
`1152 15th Street, N.W.
`Washington, DC 20005
`TVPPTABDocket@orrick.com
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`Respectfully submitted,
`
`
`
`/ Charles C. Carson /
`Charles C. Carson (Reg. No. 46,603)
`ccarson@bakerlaw.com
`Postal and Hand-Delivery Address:
`BAKERHOSTETLER
`1050 Connecticut Avenue, NW
`Suite 1100
`Washington, D.C. 20036
`Telephone: (202) 861-1771
`Facsimile: (202) 861-1783
`
`Attorney for Patent Owner
`
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