`Filed on behalf of Apple Inc.
`By: Larissa S. Bifano, Reg. No. 59,051
`Joseph W. Wolfe, Reg. No. 73,173
`Zachary Conrad, Reg. No. 77,682
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`Email: Larissa.Bifano@dlapiper.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC,
`Patent Owner
`
`IPR2022-00310
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`WEST\300146733.1
`
`
`
`Patent No. 9,088,868
`Petitioner’s Objections to Evidence
`Pursuant to 37 C.F.R. §42.64(b), Petitioners submit the following objection to
`
`the admissibility of evidence served with the Patent Owner Response and the
`
`Declaration of Istvan Jonyer, which is Exhibit 2008 of the Patent Owner Response.
`
`Petitioner reserves their rights to: (1) timely file a motion to exclude Patent Owner’s
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`evidence, including evidence in the form of testimony or exhibits, or potions thereof;
`
`and (2) challenge the credibility and/or weight that should be afforded Patent
`
`Owner’s evidence, whether or not Petitioner files a motion to exclude the evidence.
`
`Exhibit No. Objections
`2011
`Petitioner objects to Exhibit 2011 pursuant to FRE 403 as being
`prejudicial. Exhibit 2011 includes several pages of definitions
`taken from various internet sources, such as TheFreeDictionary,
`Wikipedia, Techopedia, Cambridge Dictionary, Google,
`YourDictionary, and ComputerHope. The definitions provided
`in Exhibit 2011 are only considered in a vacuum and fail to take
`into account the context of the claim and specification. If
`admitted, their minimal probative value would be substantially
`outweighed by the unfair prejudice they would cause, the
`confusing and misleading nature of the materials, the undue
`delay upon these proceedings, and the waste of time that would
`ensue.
`
`Petitioner objects to Exhibit 2011 pursuant to FRE 602 as
`lacking foundation.
`
`Petitioner objects to Exhibit 2011 pursuant to FRE 901 as
`lacking authentication. Patent Owner has failed to provide
`evidence sufficient to support a finding that the select definitions
`and webpages including the select definitions are what the Patent
`Owner claims they are.
`Petitioner objects to Exhibit 2012 pursuant to FRE 401 as
`lacking relevance. Patent Owner’s infringement contentions and
`exhibits to the infringement contentions are irrelevant to the
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`
`2012
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`WEST\300146733.1
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`Patent No. 9,088,868
`Petitioner’s Objections to Evidence
`current proceeding. The PTAB does not determine issues of
`infringement.
`
`Petitioner objects to Exhibit 2012 pursuant to FRE 403 as being
`prejudicial. If admitted, their minimal probative value would be
`substantially outweighed by the unfair prejudice they would
`cause, the confusing and misleading nature of the materials, the
`undue delay upon these proceedings, and the waste of time that
`would ensue.
`
`Petitioner objects to Exhibit 2012 pursuant to FRE 802 as being
`hearsay.
`
`Petitioner objects to Exhibit 2012 pursuant to FRE 901 as
`lacking authentication. Patent Owner has failed to provide
`evidence sufficient to support a finding that the select exhibits in
`the amended complaint are what the Patent Owner claims they
`are.
`Petitioner objects to Exhibit 2013 pursuant to FRE 401 as
`lacking relevance. The license agreement is irrelevant to the
`current proceeding.
`
`Petitioner objects to Exhibit 2013 pursuant to FRE 403 as being
`prejudicial. If admitted, their minimal probative value would be
`substantially outweighed by the unfair prejudice they would
`cause, the confusing and misleading nature of the materials, the
`undue delay upon these proceedings, and the waste of time that
`would ensue.
`
`2013
`
`Petitioner objects to Exhibit 2013 pursuant to FRE 901 as
`lacking authentication. Patent Owner has failed to provide
`evidence sufficient to support a finding that the license
`agreement is what the Patent Owner claims it is.
`Petitioner objects to Exhibit 2014 pursuant to FRE 401 as
`lacking relevance. The license agreement is irrelevant to the
`current proceeding.
`
`2014
`
`Petitioner objects to Exhibit 2014 pursuant to FRE 403 as being
`prejudicial. If admitted, their minimal probative value would be
`substantially outweighed by the unfair prejudice they would
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`Patent No. 9,088,868
`Petitioner’s Objections to Evidence
`cause, the confusing and misleading nature of the materials, the
`undue delay upon these proceedings, and the waste of time that
`would ensue.
`
`Petitioner objects to Exhibit 2014 pursuant to FRE 901 as
`lacking authentication. Patent Owner has failed to provide
`evidence sufficient to support a finding that the license
`agreement is what the Patent Owner claims it is.
`Petitioner objects to Exhibit 2015 pursuant to FRE 401 as
`lacking relevance. The settlement and license agreement is
`irrelevant to the current proceeding.
`
`2015
`
`Petitioner objects to Exhibit 2015 pursuant to FRE 403 as being
`prejudicial. If admitted, their minimal probative value would be
`substantially outweighed by the unfair prejudice they would
`cause, the con-fusing and misleading nature of the materials, the
`undue delay upon these proceedings, and the waste of time that
`would ensue.
`
`Petitioner objects to Exhibit 2015 pursuant to FRE 901 as
`lacking authentication. Patent Owner has failed to provide
`evidence sufficient to support a finding that the license
`agreement is what the Patent Owner claims it is.
`
`Dated: September 29, 2022
`
`
`
`Respectfully Submitted,
`
`/Larissa S. Bifano/
`Larissa S. Bifano
`Registration Number 59,051
`
`Attorney for Petitioner
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`Patent No. 9,088,868
`Petitioner’s Objections to Evidence
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certified that a copy of the foregoing Petitioner’s
`
`Objections to Evidence was served electronically via email on September 29, 2022
`
`to the following:
`
`brian.michalek@saul.com
`joseph.kuo@saul.com
`brian.landry@saul.com
`IPGroupMailbox@saul.com
`courtland.merrill@saul.com
`
`Dated: September 29, 2022
`
`
`
`Respectfully Submitted,
`
`By:
`
`/Larissa S. Bifano/
`Larissa S. Bifano
`Registration Number 59,051
`
`WEST\300146733.1
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