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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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`EPIC GAMES, INC.,
`Petitioner,
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`v.
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` INGENIOSHARE, LLC,
` Patent Owner.
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`Case No. IPR2022-00295
`Patent No. 10,492,038
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`_____________________________________________________
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`Mail Stop PATENT BOARD, PTAB
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Patent Owner IngenioShare LLC hereby objects to the admissibility of
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`the evidence and arguments identified below that were submitted by Petitioner
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`with its Petition for inter partes review of U.S. Patent No. 10,492,038, Case No.
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`IPR2022-00294. 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 June 7, 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 1005-1009,
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`Exhibits 1016-1029, and Exhibits 1032-1035 for the following reasons:
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` Patent Owner objects under FRE 901 because Petitioner failed to
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`2
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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 17th day of June, 2022,
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`/Stephen R. Risley/
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`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
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`KENT & RISLEY LLC
`5755 North Point Parkway, Suite 57
`Alpharetta, GA 30022
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`Attorneys for Patent Owner,
`IngenioShare LLC
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`3
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`CERTIFICATE OF SERVICE
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`I certify that on June 17, 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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`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
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`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
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`KENT & RISLEY LLC
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`/Stephen R. Risley/
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