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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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`NETFLIX, INC.,
`Petitioner,
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`v.
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`GoTV Streaming, LLC,
`Patent Owner
`____________________
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`Case: IPR2023-00758
`U.S. Patent No. 8,478,245
`____________________
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EXHIBITS
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`IPR2023-00758
`U.S. Patent No. 8,478,245
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`I.
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`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.64(b)(1), Netflix, Inc. (“Petitioner”) hereby
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`submits the following objections to Exhibits 2022-2028 filed with Patent Owner
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`GoTV Streaming, LLC’s Patent Owner Response. Pursuant to 37 C.F.R. § 42.62.
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`Patent Owner’s objections below apply the Federal Rules of Evidence (“F.R.E.”).
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`Petitioner timely objects under 37 C.F.R. § 42.64(b)(1) within the allowed
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`five business days of service of the evidence. Petitioner files and serves its
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`objections to provide notice that they may move to exclude Exhibits 2022-2028
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`under 37 C.F.R. § 42.64(c)
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`II. OBJECTIONS TO EVIDENCE
`A. Exhibit 2022 (Declaration of Mr. Stuart Lipoff)
`Petitioner hereby objects to Ex. 2022 to the extent that it provides opinions
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`that are irrelevant under F.R.E. 401-402, or that its probative value is substantially
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`outweighed by other considerations under F.R.E. 403, including unfair prejudice,
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`confusion of the issues, and waste of time. For example, paragraphs 1-89, 114-123,
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`125, 127, 136, and 142 of Exhibit 2022 are not cited in the Patent Owner Response
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`(Paper 21) and, therefore, do not appear to make any fact of consequence in
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`determining this action more or less probable than it would be without them and
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`are thus irrelevant and not admissible (F.R.E. 401, 402).
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`IPR2023-00758
`U.S. Patent No. 8,478,245
`Petitioner further objects under F.R.E. 702 to Exhibit 2022 as unreliable,
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`conclusory and unsubstantiated expert testimony due to lack of sufficient facts and
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`data, lack of reliable principles and methods, and failure to reliably apply the
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`principles and methods to the facts.
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`B.
`Exhibits 2023-2028
`Petitioner hereby objects to Exhibits 2023-2028 under F.R.E. 901, 1002, and
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`37 C.F.R. § 42.61 because Patent Owner fails to provide the authentication
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`required for these documents, and the Exhibits are not self-authenticating under
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`F.R.E. 902.
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`Petitioner further objects to Exhibits 2023-2028 as impermissible hearsay
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`under F.R.E. 801 and 802 to the extent to which the out of court statements therein
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`are offered for the truth of the matters asserted and constitute impermissible
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`hearsay for which Patent Owner has not demonstrated any exception or exclusion
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`to the rule against hearsay. Accordingly, permitting reliance on these documents in
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`the Patent Owner Response or other submissions by Patent Owner would be
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`misleading and unfairly prejudicial to Petitioner (F.R.E. 403).
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`Petitioner further objects to Exhibits 2023-2028 under F.R.E. 401, 402, and
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`403. Patent Owner cites to Exhibits 2023-2025 as alleged evidence of the ordinary
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`meaning of the term “generated in part from execution of said application.” See
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`Patent Owner Response (Paper 21) at 32-33. Patent Owner cites Exhibits 2026 and
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`IPR2023-00758
`U.S. Patent No. 8,478,245
`2027 as alleged evidence of the ordinary meaning of the term “customized to said
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`application.” See Patent Owner Response (Paper 21) at 16. Patent Owner cites to
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`Exhibit 2028 as alleged evidence of the ordinary meaning of the term “ticker.” See
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`Patent Owner Response (Paper 21) at 54. Exhibit 2023 indicates it was last updated
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`on November 22, 2023, and 2025 indicates at the link provided that it was last
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`updated on January 27, 2024 (accessed February 5, 2024). Exhibit 2026 indicates
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`at the link provided that it was last updated on January 30, 2024, (accessed
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`February 5, 2024), and Exhibit 2027 indicates it was last updated on January 3,
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`2023. Exhibit 2028 indicates at the link provided that it was last updated on
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`January 26, 2024. Furthermore, Exhibit 2024 has a copyright date of 2023, and
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`Exhibits 2025, 2026, and 2028 have copyright dates of 2024 at the links provided
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`(all accessed February 5, 2024). Thus, contrary to Patent Owner’s assertion,
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`Exhibits 2023-2028 are not relevant to any claim term meaning.
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`III. CONCLUSION
`For at least these reasons, Petitioner objects to the Exhibits described above.
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`Dated: February 6, 2024
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`Respectfully submitted,
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`By: Aliza George Carrano
`Lead Counsel for Petitioner
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`IPR2023-00758
`U.S. Patent No. 8,478,245
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`CERTIFICATE OF SERVICE
`The undersigned certifies that on February 6, 2024, a complete and entire
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`copy of the foregoing “PETITIONER’S OBJECTIONS TO PATENT OWNER’S
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`EXHIBITS PURSUANT TO 37 C.F.R. § 42.64(b)(1)” was served on the following
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`counsel of record and distribution list via e-mail:
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`Joshua S. Wyde (jwyde@aatriallaw.com)
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`Steven T. Jugle (sjugle@aatriallaw.com)
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`IPR2023-00758@aatriallaw.com
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`Aliza George Carrano
`Lead Counsel for Petitioner
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