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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EPIC GAMES, INC.,
`Petitioner,
`
`v.
`
` INGENIOSHARE, LLC,
` Patent Owner.
`
`
`Case No. IPR2022-00291
`Patent No. 10,708,727
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`_____________________________________________________
`
`
`
`Mail Stop PATENT BOARD, PTAB
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`1
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`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Patent Owner IngenioShare LLC hereby objects to the admissibility of
`
`the evidence and arguments identified below that were submitted by Petitioner
`
`with its Petition for inter partes review of U.S. Patent No. 10,708,727, Case No.
`
`IPR2022-00291. Patent Owner also objects to Petitioner’s reliance on, or
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`citation to, any objected to evidence or arguments in its papers. These
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`objections are timely as they have been filed and served within ten (10)
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`business days of the institution of the trial in this matter on May 24, 2022.
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`1. Patent Owner objects to the admissibility of Petitioner’s Exhibit 1003,
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`the Declaration of Kevin Almeroth, based on FRE, 702, 703, and 704. Exhibit
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`1003 offers conclusory opinion testimony without having demonstrated the
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`requisite expertise, basis, methodology, foundation for, or the reliability of, the
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`opinions expressed in Exhibit 1003.
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`2. Patent Owner further objects to the admissibility of Petitioner’s
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`Exhibit 1003, the Declaration of Kevin Almeroth, based on FRE 802, 803, 804,
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`805, 806, and 807 as Exhibit 1003 improperly contains and relies upon
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`inadmissible hearsay.
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`3. Patent Owner objects to each of Petitioner’s Exhibits 1005-1029 and
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`Exhibits 1033-1034 for the following reasons:
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` Patent Owner objects under FRE 901 because Petitioner failed to
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`
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`2
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`
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`authenticate the exhibits in accordance with FRE 901(a).
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` Due to the above deficiencies, Petitioner has failed to establish that
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`the exhibits are relevant under FRE 401, and therefore the exhibits
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`are inadmissible under FRE 402.
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`Patent Owner likewise objects to any portions of Petitioner’s Petition for
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`Inter Partes Review and the Declaration of Kevin Almeroth (Ex. 1003) purporting
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`to rely on these exhibits.
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`Respectfully submitted this 7th day of June, 2022,
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`
`
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`
`
`
`
`/Stephen R. Risley/
`
`Stephen R. Risley
`Registration No. 35,659
`Email: steverisley@kentrisley.com
`Telephone: (404) 585-2101
`Cortney S. Alexander
`Registration No. 54,778
`Email: cortneyalexander@kentrisley.com
`Telephone: (404) 855-3867
`
`KENT & RISLEY LLC
`5755 North Point Parkway, Suite 57
`Alpharetta, GA 30022
`
`Attorneys for Patent Owner,
`IngenioShare LLC
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on June 7, 2022, I will cause a copy of the foregoing document
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`to be served via electronic mail, as previously consented to by Petitioners, upon
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`the following on the following counsel for Petitioners:
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`
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`
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`
`
`W. Todd Baker (No. 45,265)
`todd.baker@kirkland.com
`Postal and Hand-Delivery Address:
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`Telephone: (202) 389-5000
`Facsimile: (202) 389-5200
`
`Yimeng Dou (No. 69,770)
`yimeng.dou@kirkland.com
`Postal and Hand-Delivery Address:
`KIRKLAND & ELLIS LLP
`555 South Flower Street, Suite 3700
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
`Facsimile: (213) 680-8500
`
`KENT & RISLEY LLC
`
`/Stephen R. Risley/
`
`
`
`
`
`
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