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`Case IPR2022-01413
`Patent 9,762,636
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`
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`GOOGLE LLC,
`
`Petitioner
`
`v.
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`WAG ACQUISITION, LLC
`
`Patent Owner
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`U.S. Pat. No. 9,762,636
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`
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`_______________________________________
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`Inter Partes Review Case No. IPR2022-01413
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`_______________________________________
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`
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`PATENT OWNER’S OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1) TO
`EVIDENCE SERVED BY PETITIONER
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`Case IPR2022-01413
`Patent 9,762,636
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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 WAG Acquisition, LLC (“Patent Owner”) hereby objects
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`to the admissibility of the exhibits identified below that were submitted by
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`Petitioner with its Petitioner’s Reply to Patent Owner Response (Paper No. 13) on
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`September 7, 2023. Patent Owner also objects to Petitioner’s reliance on, or
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`citation to, any objected to evidence in its papers and Exhibit 1111, the Reply
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`Declaration of Nathaniel Polish. These objections are timely as they have been
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`filed and served within five (5) business days of the service of evidence to which
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`the objections are directed.
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`A chart listing Patent Owner’s objections and its bases for its objections is
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`provided below.
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`EXHIBIT
`Ex. 1104: Swaminathan, Viswanathan,
`and Sheng Wei, “Low latency live
`video streaming using HTTP chunked
`encoding,” 2011 IEEE 13th
`International Workshop on Multimedia
`Signal Processing, IEEE, 2011
`
`
`OBJECTIONS
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
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`

`

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`EXHIBIT
`Ex. 1105: Orallo, E. Hernandez, and
`Joan Vila-Carbó, “A fast method to
`optimise network resources for Video-
`on-demand Transmission,”
`Proceedings of the 26th Euromicro
`Conference, EUROMICRO 2000,
`Informatics: Inventing the Future, Vol.
`1., pp. 440-447, IEEE, Sep. 5, 2000
`Ex. 1106: Tierney, Brian, et al.,
`“Distributed parallel data storage
`systems: A scalable approach to high
`speed image servers,” Proceedings of
`the second ACM international
`conference on Multimedia, pp. 399-
`405, Oct. 15, 1994
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`Ex. 1107: Bradley, Adam D., Azer
`Bestavros, and Assaf J. Kfoury, “A
`typed model for encoding-based
`protocol interoperability,” Proceedings
`of the 12th IEEE International
`Conference on Network Protocols,
`2004, ICNP 2004, IEEE, Oct. 8, 2004
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`Ex. 1108: Claim Construction Order,
`Emblaze Ltd. v. Apple Inc., Case No.
`5:11-cv-01079-PSG (N.D. Cal. Oct. 9,
`2014)
`
`Case IPR2022-01413
`Patent 9,762,636
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`OBJECTIONS
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
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`Case IPR2022-01413
`Patent 9,762,636
`
`OBJECTIONS
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
`Hearsay without exception under FRE
`801-803. The statements in the Exhibit
`were not made while the declarant(s)
`were testifying in this trial and are
`offered by Petitioner to prove the truth
`of the matter asserted and are not
`subject to any of the exceptions in FRE
`802 or 803.
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`Respectfully submitted,
`
`/M. Michael Lewis/
`M. Michael Lewis
`(Attorney for Patent Owner)
`Reg. No. 50,478
`212-257-1639
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`EXHIBIT
`Ex. 1110: Claim Construction Order,
`Emblaze Ltd. v. Microsoft Corp., Case
`No. 12-cv-05422-JST (N.D. Cal. July
`29, 2014)
`
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`Ex. 1112: In re Certain Fitness
`Devices, Streaming Components
`Thereof, and System Containing the
`Same, Inv. No. 337-TA-1265,
`Evidentiary Hearing – Volume II (ITC,
`March 10, 2022)
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`Dated: September 11, 2023
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`Case IPR2022-01413
`Patent 9,762,636
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.205(b), the undersigned certifies that on September
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`11, 2023, a complete and entire copy of this PATENT OWNER’S
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`OBJECTIONS UNDER 37 C.F.R. § 42.64(b)(1) TO EVIDENCE SERVED BY
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`PETITIONER, was provided to Petitioner by filing through the Patent Trial and
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`Appeal Case Tracking System and by serving the following email addresses:
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`
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`Dated: September 11, 2023
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`egardner@cooley.com
`oarmon@cooley.com
`jdrayton@cooley.com
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`Respectfully submitted,
`
`/M. Michael Lewis/
`M .Michael Lewis
`(Attorney for Patent Owner)
`Reg. No. 50,478
`212-257-1639
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`