UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`v.
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`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
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`PTAB Case No. IPR2021-01338
`Patent No. 6,411,941 B1
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`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`EVIDENCE UNDER 37 C.F.R. § 42.64(b)(1)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`v.
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`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`PTAB Case No. IPR2021-01338
`Patent No. 6,411,941 B1
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`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`EVIDENCE UNDER 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Nintendo Co., Ltd. and
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`Petitioner’s Objections to Patent Owner’s Evidence
`PTAB Case No. IPR2021-01338
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`Nintendo of America Inc. (“Nintendo”) objects to evidence submitted by Patent
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`Owner Ancora Technologies, Inc. (“Ancora”) with its Patent Owner Response
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`(Paper 23) (“POR”) filed May 3, 2022. The objections are based on 37 C.F.R. Part
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`42, and the relevant portions of Federal Rules of Evidence (“FRE”) that are
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`applicable to post-grant review proceedings under 37 C.F.R. § 42.62. These
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`objections have been timely filed and served within five business days of
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`introduction of the exhibits into the record.
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`I.
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`Exhibit 2022
`Ancora indicates that this exhibit is Ancora Techs. Inc. v. Apple, Inc., Case
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`No. 4:11-cv-06357 (Dkt. # 171-3) [Apple Inc.’s N.D. Cal. L.R. 3-3 (Invalidity)
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`Disclosures].
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`Nintendo objects to this exhibit as irrelevant under FRE 401/402. This
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`exhibit contains invalidity positions presented by an unrelated third party in a
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`district court proceeding to which Nintendo is not a party. Ancora uses this exhibit
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`to characterize positions taken by unrelated third parties (see, e.g., POR at 27–28,
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`58, 70), which is irrelevant to the present proceeding.
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`II. Exhibit 2023
`Ancora indicates that this exhibit is Petition, HTC Corp. v. Ancora Techs.
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`Inc., Case No. CBM2017-00054, Paper 1 (PTAB May 26, 2017).
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`1
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`Nintendo objects to this exhibit as irrelevant under FRE 401/402. This
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`Petitioner’s Objections to Patent Owner’s Evidence
`PTAB Case No. IPR2021-01338
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`exhibit contains positions presented by an unrelated third party in a Covered
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`Business Method Review proceeding to which Nintendo is not a party. Ancora
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`uses this exhibit to characterize positions taken by unrelated third parties (see, e.g.,
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`POR at 27), which is irrelevant to the present proceeding.
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`III. Exhibit 2027
`Ancora indicates that this exhibit is Joint News Release (February 14, 2005).
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`Nintendo objects to this exhibit as inadmissible hearsay under FRE 801/802. This
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`exhibit includes characterizations of an alleged product offering by Ancora and
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`characterizations of some aspects of technology related to Ancora’s product
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`offering. To the extent that Ancora relies on this exhibit for the alleged truth of the
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`information stated therein, this exhibit is inadmissible hearsay.
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`IV. Exhibit 2029
`This is an exhibit filed under seal. Nintendo objects to this exhibit as
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`irrelevant under FRE 401/402/403. This exhibit includes information that is
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`irrelevant or whose probative value to any ground upon which trial was instituted
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`is substantially outweighed by the danger of unfair prejudice, confusing the issues,
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`undue delay, wasting time, or needlessly presenting cumulative evidence.
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`2
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`Petitioner’s Objections to Patent Owner’s Evidence
`PTAB Case No. IPR2021-01338
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`V. Exhibit 2031
`This is an exhibit filed under seal. Nintendo objects to this exhibit as
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`irrelevant under FRE 401/402/403. This exhibit includes information that is
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`irrelevant or whose probative value to any ground upon which trial was instituted
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`is substantially outweighed by the danger of unfair prejudice, confusing the issues,
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`undue delay, wasting time, or needlessly presenting cumulative evidence.
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`VI. Exhibit 2032
`This is an exhibit filed under seal. Nintendo objects to this exhibit as
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`irrelevant under FRE 401/402/403. This exhibit includes information that is
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`irrelevant or whose probative value to any ground upon which trial was instituted
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`is substantially outweighed by the danger of unfair prejudice, confusing the issues,
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`undue delay, wasting time, or needlessly presenting cumulative evidence.
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`These objections have been timely filed and served within five business days
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`of introduction of the exhibit into the record.
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`Petitioner’s Objections to Patent Owner’s Evidence
`PTAB Case No. IPR2021-01338
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`Respectfully submitted,
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` / Kyle R. Canavera /
`Kyle Canavera, Reg. No. 72,167
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`
`Lead Counsel
`Jerry Riedinger, Reg. No. 30,582
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`Back-up Counsels
`Jose Villarreal, Reg. No. 43,969
`Theresa H. Nguyen, to be admitted pro hac vice
`Tara Kurtis, Reg. No. 74,846
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`Attorneys for Petitioners
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`Dated: May 10, 2022
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`Petitioner’s Objections to Patent Owner’s Evidence
`PTAB Case No. IPR2021-01338
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true copy of the foregoing
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`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S EVIDENCE was served
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`in its entirety this 10th day of May 2022 by electronic mail on the Patent Owner
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`via its attorneys of record:
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`David A. Gosse
`dgosse@fitcheven.com
`Nicholas T. Peters
`ntpete@fitcheven.com
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`FITCH, EVEN, TABIN & FLANNERY LLP
`120 South LaSalle Street, Suite 2100
`Chicago, IL 60603
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`Karen J. Wang
`kwang@fitcheven.com
`FITCH, EVEN, TABIN & FLANNERY LLP
`9330 Scranton Road
`San Diego, CA 92121
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`ancora-ipr@fitcheven.com
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`Respectfully submitted,
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` /Anita Chou/
`Anita Chou
`Paralegal
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`Dated: May 10, 2022
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