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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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`PETITIONER’S OBJECTIONS TO EVIDENCE
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` CRUSOE ENERGY SYSTEMS, LLC,
`Petitioner,
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`v.
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`UPSTREAM DATA INC,
`Patent Owner.
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`
`
`Case PGR2023-00039
`Patent 11,574,372
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`Proceeding No. PGR2023-00039
`Attorney Docket No: 54598-0001PS1
`Pursuant 37 C.F.R. § 42.64(b), Petitioner objects to evidence submitted by
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`Patent Owner in their Patent Owner’s Response filed April 16, 2023. Specifically,
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`Petitioner objects to the following exhibits submitted by Patent Owner for the bases
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`noted below:
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`Exhibit
`EX2014
`
`EX2016
`
`Objections
`401-402: This exhibit is not relevant because its purported
`date (July 13, 2022) is after the earliest possible priority
`date (February 8, 2017), and thus is not probative of the
`obviousness of the ’372 patent.
`801-803: To the extent statements are relied on for the truth
`of the matter asserted, they should be excluded as hearsay
`without any exception.
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
`401-402: This exhibit is not relevant because its purported
`date (February 12, 2022) is after the earliest possible
`priority date (February 8, 2017), and thus is not probative
`of the obviousness of the ’372 patent.
`801-803: This reference was cited for the quote “I got
`laughed out of the room.” To the extent statements are
`relied on for the truth of the matter asserted, they should be
`excluded as hearsay without any exception.
`
`1
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`
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`EX2017
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`EX2018
`
`Proceeding No. PGR2023-00039
`Attorney Docket No: 54598-0001PS1
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
`401-402: This exhibit is not relevant because its purported
`date (March 29, 2019) is after the earliest possible priority
`date (February 8, 2017), and thus is not probative of the
`obviousness of the ’372 patent.
`801-803: This reference was cited for the quote “But he has
`struggled to get oil-industry veterans interested in mining
`cryptocurrencies.” To the extent statements are relied on
`for the truth of the matter asserted, they should be excluded
`as hearsay without any exception.
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
`401-402: This exhibit is not relevant because its purported
`date (March 4, 2021) is after the earliest possible priority
`date (February 8, 2017), and thus is not probative of the
`obviousness of the ’372 patent.
`801-803: This reference was cited for the quote “unique
`idea.” To the extent statements are relied on for the truth of
`the matter asserted, they should be excluded as hearsay
`without any exception.
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`2
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`EX2019
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`EX2020
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`Proceeding No. PGR2023-00039
`Attorney Docket No: 54598-0001PS1
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
`401-402: This exhibit is not relevant because its purported
`date (January 30, 2023) is after the earliest possible priority
`date (February 8, 2017), and thus is not probative of the
`obviousness of the ’372 patent.
`801-803: To the extent statements are relied on for the truth
`of the matter asserted, they should be excluded as hearsay
`without any exception.
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
`401-402: This exhibit is not relevant because its purported
`date (September 5, 2022) is after the earliest possible
`priority date (February 8, 2017), and thus is not probative
`of the obviousness of the ’372 patent.
`801-803: This reference was cited for the quote “Another
`leading company in this niche is Upstream Data, which
`pioneered the concept in 2017.” To the extent statements
`are relied on for the truth of the matter asserted, they
`should be excluded as hearsay without any exception.
`403: This exhibit should further be excluded because, in
`view of its post-priority date status, any purported
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`3
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`Proceeding No. PGR2023-00039
`Attorney Docket No: 54598-0001PS1
`relevance would be substantially outweighed by a danger
`of unfair prejudice and confusing the issues.
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`These objections have been timely filed and are being concurrently served on
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`the Patent Owner.
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`Dated: April 23, 2024
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`Respectfully submitted,
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`/John C. Phillips/
`John Phillips, Reg. No. 35,322
`Jia Zhu, Limited Rec. No. L1372
`FISH & RICHARDSON P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`Tel: 858-678-5070
`Fax: 877-769-7945
`
`Attorneys for Petitioner
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`4
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`Proceeding No. PGR2023-00039
`Attorney Docket No: 54598-0001PS1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
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`certifies that on April 23, 2024, a complete and entire copy of this Petitioner’s
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`Objections to Evidence was provided by email to the Patent Owner by serving the
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`email correspondence addresses of record as follows:
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`James M. Heintz
`Clayton Thompson
`DLA Piper LLP (US)
`11911 Freedom Drive, Suite 300
`Reston, VA 20190
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`Robert Anton Nissen
`Nissen Patent Law
`11044 82 Ave. N.W., Suite 401
`Edmonton, AB T6G 0T2
`CANADA
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`Email: jim.heintz@us.dlapiper.com
`clayton.thompson@us.dlapiper.com
`robbie@nissenlaw.ca
`DLA-Crusoe-Upstream-PGR@us.dlapiper.com
`
`
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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