`Petitioner’s Objections to Evidence
`Filed on behalf of Amazon.com, Inc., Amazon Web Services, Inc., and
`Amazon.com Services LLC
`
`By:
`J. DAVID HADDEN (Reg. No. 40,629)
`SAINA SHAMILOV (Reg. No. 48,266)
`BRIAN HOFFMAN (Reg. No. 39,713)
`JOHNATHAN CHAI (Reg. No. 75,690)
`JOHNSON KUNCHERIA (Reg. No. 69,093)
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone: 650.988.8500
`Facsimile: 650.938.5200
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC., AMAZON WEB SERVICES, INC.,
`AND AMAZON.COM SERVICES LLC,
`Petitioner,
`
`v.
`
`WAG ACQUISITION, LLC,
`Patent Owner.
`
`
`Case No. IPR2022-01433
`Patent 9,762,636
`_____________
`PETITIONER’S OBJECTIONS TO EVIDENCE SUBMITTED
`WITH PATENT OWNER RESPONSE
`
`
`
`
`
`
`IPR2022-01433
`Petitioner’s Objections to Evidence
`Pursuant to 37 C.F.R. § 42.64(b), Petitioner Amazon.com, Inc., Amazon Web
`
`Services, Inc., and Amazon.com Services LLC (“Petitioner”) respectfully asserts the
`
`following objections to the evidence proffered with the Patent Owner Response filed
`
`by Patent Owner (Paper 11). The Federal Rules of Evidence (“FRE”) apply to these
`
`proceedings according to the provisions of 37 C.F.R. § 42.62(a), and these rules,
`
`along with relevant case law and PTAB Rules, form the basis of objections contained
`
`herein. Petitioner’s objections apply equally to Patent Owner’s reliance on or
`
`citation to any objected evidence in its papers, including expert declarations. These
`
`objections are being served and filed within five (5) business days from Patent
`
`Owner’s Response, which Patent Owner filed and served on June 5, 2023.
`
`Evidence Objection(s)
`
`Ex. 2002
`
`Ex. 2004
`
`Exhibit 2002 is IETF RFC 1945 dated May 1996 and downloaded
`from https://www.ietf.org/rfc/rfc1945.txt on April 9, 2023.
`Petitioner objects to this exhibit as it is not cited in the Patent Owner
`Response and, therefore, is not relevant. See FRE 402, 403; 37 C.F.R.
`§ 42.61.
`
`Exhibit 2004 is a Memorandum Opinion, dated March 31, 2022, in
`Longhorn HD LLC v. Netscout Systems, Inc., Case No. 2:20-CV-
`00349 (E.D. Tex.).
`Petitioner objects to this exhibit as it is not cited in the Patent Owner
`Response and, therefore, is not relevant. See FRE 402, 403; 37 C.F.R.
`§ 42.61.
`
`1
`
`
`
`IPR2022-01433
`Petitioner’s Objections to Evidence
`
`Evidence Objection(s)
`
`Ex. 2005
`
`Ex. 2006
`
`Ex. 2010
`
`Ex. 2013
`
`Exhibit 2005 is a Memorandum Order, dated March 30, 2022, in 3G
`Licensing, S.A. v. HTC Corp., Case No. 17-83 (D. Del.).
`Petitioner objects to this exhibit as it is not cited in the Patent Owner
`Response and, therefore, is not relevant. See FRE 402, 403; 37 C.F.R.
`§ 42.61.
`
`Exhibit 2006 is minutes of a Pretrial Conference, dated December 12,
`2018, in SEVEN Networks, LLC v. Google LLC, Case No. 2:17-cv-442
`(E.D. Tex.).
`Petitioner objects to this exhibit as it is not cited in the Patent Owner
`Response and, therefore, is not relevant. See FRE 402, 403; 37 C.F.R.
`§ 42.61.
`
`Exhibit 2010 is a deposition transcript of Dr. Kevin Jeffay, dated May
`23, 2023, in IPR2022-01430 and -01433.
`Petitioner objects to any portion of Ex. 2010 cited where an objection
`was made on the record at the deposition.
`
`Exhibit 2013 is a transcript of an evidentiary hearing, dated March 14,
`2022, in International Trade Commission Investigation No. 337-TA-
`1265.
`Petitioner objects to this exhibit as irrelevant under FRE 402, and
`prejudicial, misleading, confusing, and/or a waste of time under FRE
`403.
`
`Ex. 2021
`
`Exhibit 2021 is a deposition transcript of Dr. Henry Houh, dated April
`10, 2023, in IPR2022-01227 and -01228.
`Petitioner objects to this exhibit as it is not cited in the Patent Owner
`Response and, therefore, is not relevant. See FRE 402, 403; 37 C.F.R.
`§ 42.61.
`
`
`
`2
`
`
`
`IPR2022-01433
`Petitioner’s Objections to Evidence
`Dated: June 12, 2023
`
`FENWICK & WEST LLP
`
`
`/J. David Hadden/
`J. DAVID HADDEN
`Reg. No. 40,629
`Attorney for Petitioner
`
`
`
`
`
`3
`
`
`
`IPR2022-01433
`Petitioner’s Objections to Evidence
`CERTIFICATION OF SERVICE
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on June 12, 2023,
`
`I caused a true and correct copy of the foregoing PETITIONER’S OBJECTIONS TO
`
`EVIDENCE SUBMITTED WITH PATENT OWNER RESPONSE to be electronically served
`
`on Patent Owner’s lead and backup counsel at the following addresses:
`
`
`Ronald Abramson
`Liston Abramson LLP
`405 Lexington Ave., 46th Floor
`New York, NY 10174
`Telephone: (212) 257-1630
`Facsimile: (914) 462-4175
`Email:
`ron.abramson@listonabramson.com
`
`
`
`
`Dated: June 12, 2023
`
`Fenwick & West LLP
`801 California Street
`Mountain View, CA 94041
`
`
`
`M. Michael Lewis
`Ari J. Jaffess
`Gina K. Kim
`Liston Abramson LLP
`405 Lexington Ave., 46th Floor
`New York, NY 10174
`Telephone: (212) 257-1630
`Facsimile: (914) 462-4175
`Email:
`michael.lewis@listonabramson.com
`ari.jaffess@listonabramson.com
`gina.kim@listonabramson.com
`
`
`FENWICK & WEST LLP
`
`
`/J. David Hadden/
`J. DAVID HADDEN
`Reg. No. 40,629
`Attorney for Petitioner
`
`
`
`4
`
`
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