UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`APPLE INC.
`
`Petitioner,
`
`- vs. -
`
`BillJCo, LLC,
`
`Patent Owner.
`
`_____________________________
`
`IPR2022-00426
`U.S. Patent No. 8,761,804
`_____________________________
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`
`
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`APPLE INC.
`
`Petitioner,
`
`- vs. -
`
`BillJCo, LLC,
`
`Patent Owner.
`
`_____________________________
`
`IPR2022-00426
`U.S. Patent No. 8,761,804
`_____________________________
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`
`
`IPR2022-00426
`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 Jacob Sharony, which is Exhibit 2025 of the Patent Owner Response.
`
`Petitioner reserves their rights to: (1) timely file a motion to exclude Patent Owner’s
`
`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
`
`2024
`
`2028
`
`Petitioner objects to Exhibit 2024 pursuant to FRE 401 as lacking
`relevance.
`Petitioner objects to Exhibit 2028 pursuant to FRE 401 as lacking
`relevance. The Amended Complaint and Select Exhibits are
`irrelevant to the current proceeding. The PTAB does not determine
`issues of infringement.
`
`Petitioner objects to Exhibit 2028 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 2028 pursuant to FRE 802 as being
`hearsay.
`
`Petitioner objects to Exhibit 2028 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.
`
`1
`
`
`
`IPR2022-00426
`Petitioner’s Objections to Evidence
`
`2029
`
`Petitioner objects to Exhibit 2029 pursuant to FRE 401 as lacking
`relevance. The license agreement is irrelevant to the current
`proceeding.
`
`Petitioner objects to Exhibit 2029 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 2029 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.
`
`2030
`
`Petitioner objects to Exhibit 2030 pursuant to FRE 401 as lacking
`relevance. The settlement and license agreement is irrelevant to
`the current proceeding.
`
`Petitioner objects to Exhibit 2030 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 2030 pursuant to FRE 901 as lacking
`authentication. Patent Owner has failed to provide evidence
`sufficient to support a finding that the settlement and license
`agreement is what the Patent Owner claims it is.
`
`2031
`
`Petitioner objects to Exhibit 2031 pursuant to FRE 401 as lacking
`relevance. The settlement and license agreement is irrelevant to
`the current proceeding.
`
`Petitioner objects to Exhibit 2031 pursuant to FRE 403 as being
`prejudicial. If admitted, their minimal probative value would be
`substantially outweighed by the unfair prejudice they would cause,
`
`2
`
`
`
`IPR2022-00426
`Petitioner’s Objections to Evidence
`
`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 2031 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.
`
`2032
`
`Petitioner objects to Exhibit 2032 pursuant to FRE 401 as lacking
`relevance. The video regarding Apple’s Core Location feature is
`irrelevant to the current proceeding.
`
`Petitioner objects to Exhibit 2032 pursuant to FRE 403 as being
`prejudicial. If admitted, its minimal probative value would be
`substantially outweighed by the unfair prejudice it 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 2032 pursuant to FRE 802 as being
`hearsay.
`
`Petitioner objects to Exhibit 2032 pursuant to FRE 901 as lacking
`authentication. Patent Owner has failed to provide evidence
`sufficient to support a finding that the video is what the Patent
`Owner claims it is.
`Petitioner objects to Exhibit 2033 pursuant to FRE 401 as lacking
`relevance. The Transcript Excerpt corresponding to the video of
`Exhibit 2032 is irrelevant to the current proceeding.
`
`2033
`
`Petitioner objects to Exhibit 2033 pursuant to FRE 403 as being
`prejudicial. If admitted, its minimal probative value would be
`substantially outweighed by the unfair prejudice it 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 2033 pursuant to FRE 802 as being
`hearsay.
`
`3
`
`
`
`IPR2022-00426
`Petitioner’s Objections to Evidence
`
`Petitioner objects to Exhibit 2033 pursuant to FRE 901 as lacking
`authentication. Patent Owner has failed to provide evidence
`sufficient to support a finding that the Transcript Excerpt is what
`the Patent Owner claims it is.
`
`2034
`
`Petitioner objects to Exhibit 2034 pursuant to FRE 401 as lacking
`relevance. The screenshot of a portion of the video from Exhibit
`2032 is irrelevant to the current proceeding.
`
`Petitioner objects to Exhibit 2034 pursuant to FRE 403 as being
`prejudicial. If admitted, its minimal probative value would be
`substantially outweighed by the unfair prejudice it 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 2034 pursuant to FRE 802 as being
`hearsay.
`
`Petitioner objects to Exhibit 2034 pursuant to FRE 901 as lacking
`authentication. Patent Owner has failed to provide evidence
`sufficient to support a finding that screenshot of the video is what
`the Patent Owner claims it is.
`
`2035
`
`Petitioner objects to Exhibit 2035 pursuant to FRE 401.
`Information regarding Apple’s iBeacon is irrelevant to the current
`proceeding.
`
`Petitioner objects to Exhibit 2035 pursuant to FRE 901 as lacking
`authentication. Patent Owner has failed to provide evidence
`sufficient to support a finding that the overview is what the Patent
`Owner claims it is.
`
`4
`
`
`
`Date: October 18, 2022
`
`IPR2022-00426
`Petitioner’s Objections to Evidence
`
` Respectfully submitted,
`
`
`
`By: /Larissa S. Bifano/
`Larissa S. Bifano
`Reg. No. 59,051
`DLA PIPER
`33 Arch Street 26th Floor
`Boston, Massachusetts 02110-1447
`
`Phone: 617-406-6013
`larissa.bifano@dlapiper.com
`
`Counsel for Petitioner
`
`5
`
`
`
`IPR2022-00426
`Petitioner’s Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of Petitioner’s
`
`Objections to Evidence has been served on the Patent Owner via email to Patent
`
`Owner by serving the email correspondence addresses of record as follows:
`
`brian.michalek@saul.com
`
`joseph.kuo@saul.com
`
`brian.landry@saul.com
`
`IPGroupMailbox@saul.com
`
`courtland.merrill@saul.com
`
`Date: October 18, 2022
`
`By: /Larissa S. Bifano/
`Larissa S. Bifano
`Reg. No. 59,051
`
`Counsel for Petitioner
`
`6
`
`
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