`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`SONY MOBILE COMMUNICATIONS AB, SONY MOBILE
`COMMUNICATIONS, INC., SONY ELECTRONICS INC., and
`SONY CORPORATION,
`Petitioners,
`v.
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`_______________
`
`IPR2020-016091
`Patent 6,411,941 B1
`_______________
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`EVIDENCE UNDER 37 C.F.R. § 42.64
`Sony Mobile Communications AB,
`
`Petitioners
`
`Sony Mobile
`
`Communications, Inc., Sony Electronics Inc., and Sony Corporation (collectively
`
`“Petitioners”) respectfully submit the following objections to exhibits filed by Patent
`
`
`
`1 Sony Mobile Communications AB, Sony Mobile Communications, Inc., Sony
`Electronics Inc., and Sony Corporation, who filed a petition in IPR2021-00663, have
`been joined with this proceeding.
`
`1
`
`
`
`IPR2020-01609 (Patent 6,411,941 B1)
`Petitioners’ Objections To Patent Owner’s Evidence
`
`Owner in connection with Patent Owner’s Opposition to Petitioners’ Motion for
`
`Joinder filed on April 15, 2021 (Paper 10) and Patent Owner’s Preliminary Response
`
`to Petition for IPR filed on April 23, 2021. These objections are made within ten
`
`business days from institution of the trial on June 6, 2021 (Paper 17) pursuant to 37
`
`C.F.R. § 42.64(b)(1). Petitioners reserve the right to present further objections to this
`
`or additional evidence submitted by Patent Owner as allowed by the applicable rules
`
`or other authority, including without limitation upon conclusion of cross-
`
`examination of Patent Owner’s declarant(s).
`
`The following chart lists Petitioners’ objections to the admissibility of the
`
`documents identified below and the bases for the objections:
`
`Exhibit
`
`Objections
`
`2002, 2003
`
`FRE 401-403: irrelevant, prejudicial, confuses the issues, and
`
`misleading as including invalidity contentions and disclosures
`
`unrelated to the bases raised in this IPR
`
`2004
`
`FRE 401-403: irrelevant, prejudicial, confuses the issues, and
`
`misleading as including non-party’s invalidity contentions and
`
`other contentions unrelated to bases raised in this IPR
`
`FRE 802: inadmissible hearsay evidence to the extent relied
`
`upon for the truth of the matters asserted
`
`2
`
`
`
`IPR2020-01609 (Patent 6,411,941 B1)
`Petitioners’ Objections To Patent Owner’s Evidence
`
`Exhibit
`
`Objections
`
`2007
`
`FRE 401-403: irrelevant, prejudicial, confuses the issues, and
`
`misleading as relating to alleged infringement and other issues
`
`not related to this IPR
`
`FRE 802: inadmissible hearsay evidence to the extent relied
`
`upon for the truth of the matters asserted
`
`2010
`
`FRE 702: expert witness report of a third party in a district court
`
`case not being offered or relied upon by Petitioners or their
`
`expert
`
`FRE 802: inadmissible hearsay evidence of expert witness of a
`
`third party in a district court case not being offered or relied upon
`
`by Petitioners of their expert, to the extent relied upon for the
`
`truth of the matters asserted
`
`2011
`
`FRE 401-403: irrelevant, prejudicial, confuses the issues, and
`
`misleading as including opinions of expert of third party in a
`
`district court case not being offered or relied upon by Petitioners
`
`or their expert
`
`3
`
`
`
`IPR2020-01609 (Patent 6,411,941 B1)
`Petitioners’ Objections To Patent Owner’s Evidence
`
`Exhibit
`
`Objections
`
`FRE 802: inadmissible hearsay evidence of expert witness not
`
`being offered or relied upon by Petitioners or their expert, to the
`
`extent relied upon for the truth of the matters asserted
`
`2015 ¶¶ 55-56 FRE 401-403: irrelevant, prejudicial, confuses the issues, and
`
`misleading as relating to 35 U.S.C. § 101
`
`
`
`Date: June 24, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
` /Gregory S. Gewirtz/
` Gregory S. Gewirtz (Reg. No.: 36,522)
` Jonathan A. David (Reg. No.: 36,494)
`
` Counsel for Petitioners
`
`
`
`4
`
`
`
`IPR2020-01609 (Patent 6,411,941 B1)
`Petitioners’ Objections To Patent Owner’s Evidence
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 24th day of June
`
`2021, the foregoing PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`
`EVIDENCE UNDER 37 C.F.R. § 42.64 was filed via the PTAB’s E2E system and
`
`served via electronic mail on the following counsel of record for Patent Owner:
`
`John P. Rondini (64,949)
`Marc Lorelli (43,759)
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`ANCC0121IPR@brookskushman.com
`
`
`
`
`
`Date: June 24, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Gregory S. Gewirtz/
` Gregory S. Gewirtz
` Reg. No. 36,522
`
`
`
`
`
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