`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`
`ROKU, INC. and VIZIO, INC.,
`Petitioner
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner
`
`_____________________
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`_____________________
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`Pursuant to 37 C.F.R. § 42.64(b)(1), Roku, Inc. and Vizio, Inc. (collectively
`
`“Petitioner”) hereby object under the Federal Rules of Evidence (“FRE”) to the
`
`admissibility of Exhibits 2003-2006, 2010, 2012, 2013, and 2017, filed with the
`
`Patent Owner’s Preliminary Response on December 17, 2021 (“POPR”). Petitioner
`
`timely objects under 37 C.F.R. § 42.64(b)(1) within 10 business days of institution
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`of trial in this proceeding, and Petitioner serves these objections to provide notice
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`that Petitioner may move to exclude Exhibits 2003-2006, 2010, 2012, 2013, and
`
`2017, or portions thereof, under 37 C.F.R. § 42.64(c).
`
`I.
`
`EXHIBIT 2003
`Petitioner objects to Exhibit 2003, “Deposition Excerpts of Jon Weissman,
`
`Ancora Technologies, Inc. v. HTC America, Inc., Case No. 2:16-cv-01919,” as in-
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`admissible hearsay under FRE 802. This exhibit is a transcript of a deposition tak-
`
`en by Ancora of an expert witness presented by an unrelated third party. The sub-
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`ject deposition was taken in a district court proceeding to which Petitioner is not a
`
`party. Ancora has not offered the witness for cross-examination in this proceeding.
`
`Petitioner also objects to this exhibit as irrelevant under FRE 401/402 be-
`
`cause it contains opinions and testimony from an expert presented by an unrelated
`
`third party in a proceeding to which Petitioner is not a party. Ancora uses this ex-
`
`hibit to characterize positions taken by unrelated third parties (see, e.g., POPR, 23),
`
`which are irrelevant to the present proceeding.
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`- 1 -
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`
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`Case IPR2021-01406
`U.S. Patent No. 6,411,941
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`II. EXHIBIT 2004
`Petitioner objects to Exhibit 2004, “Declaration of Ian Jestice, Ancora Tech-
`
`nologies, Inc. v. HTC America, Inc., Case No. 2:16-cv-01919,” as inadmissible
`
`hearsay under FRE 802. Exhibit 2004 is the declaration of an expert witness pre-
`
`sented by Ancora in its litigation with an unrelated third party. The declaration was
`
`prepared for a district court proceeding to which Petitioner is not a party. Ancora
`
`has not offered the witness for cross-examination in this proceeding.
`
`III. EXHIBIT 2005
`Petitioner objects to Exhibit 2005, “Brief of Appellees HTC America, Inc.
`
`and HTC Corporation, Ancora Technologies, Inc. v. HTC America, Inc., HTC Cor-
`
`poration, Case No. 18-1404,” as irrelevant under FRE 401/402. The exhibit ap-
`
`pears to be an appellate brief filed by an unrelated third party in an appellate court
`
`proceeding to which Petitioner is not a party. Ancora uses this exhibit to character-
`
`ize positions taken by unrelated third parties (see, e.g., POPR, 23), which are irrel-
`
`evant to the present proceeding.
`
`IV. EXHIBIT 2006
`Petitioner objects to Exhibit 2006, “Declaration of Jon Weissman, Ancora
`
`Technologies, Inc. v. HTC America, Inc., Case No. 2:16-cv-01919,” as inadmissi-
`
`ble hearsay under FRE 802. Exhibit 2006 is an expert declaration of an expert wit-
`
`ness presented by an unrelated third party. The declaration was prepared for a dis-
`
`trict court proceeding to which Petitioner is not a party. Ancora has not offered the
`
`- 2 -
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`
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`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`witness for cross-examination in this proceeding. Petitioner also objects to this ex-
`
`hibit as irrelevant under FRE 401/402 because it contains opinions and testimony
`
`from an expert presented by an unrelated third party in a proceeding to which Peti-
`
`tioner is not a party. Though submitted with the POPR, Ancora does not appear to
`
`cite to this exhibit (see generally POPR), further demonstrating its irrelevance.
`
`V. EXHIBIT 2010
`Petitioner objects to Exhibit 2010, “PC Magazine Encyclopedia, definition
`
`of ‘Agent,’ https://www.pcmag.com/encyclopedia,” because Ancora has failed to
`
`authenticate the exhibit under FRE 901. Specifically, Ancora has failed to produce
`
`evidence sufficient to support a finding that this exhibit is what Ancora claims it to
`
`be.
`
`Petitioner also objects to this exhibit as irrelevant under FRE 401/402 be-
`
`cause Ancora failed to show the date on which this purported webpage was first
`
`publicly available. The only date marking on the document is for December 10,
`
`2015. Ancora has thus failed to show that this exhibit was disseminated or availa-
`
`ble such that persons of ordinary skill in the art would have been able to locate and
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`access it before the priority date of the challenged patent. Accordingly, this exhibit
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`is irrelevant and inadmissible.
`
`VI. EXHIBIT 2012
`Petitioner objects to Exhibit 2012, “Joint Claim Construction Chart, Ancora
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`- 3 -
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`
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`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`Technologies, Inc. v. TCT Mobile (US) Inc., Huizhou TCL Mobile Communica-
`
`tion Co., Ltd., and Shenzhen TCL Creative Cloud Technology Co., Ltd., Case No.
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`8-19- cv-02192 (Dkt. #49, 49-1, 49-2),” as irrelevant under FRE 401/402. This ex-
`
`hibit contains a joint statement by Ancora and an unrelated third party in a district
`
`court proceeding to which Petitioner is not a party. Though submitted with the
`
`POPR, Ancora does not appear to cite to this exhibit (see generally POPR), further
`
`demonstrating its irrelevance.
`
`VII. EXHIBIT 2013
`Petitioner objects to Exhibit 2013, “Declaration of Dr. David Martin, Ph.D.,
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`Sony Mobile Communications AB, Sony Mobile Communications, Inc., Cony Elec-
`
`tronics Inc., and Sony Corporation v. Ancora Technologies, Inc., IPR2021-00663,
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`Ex. 2015,” as inadmissible hearsay under FRE 802. Exhibit 2013 is an expert dec-
`
`laration of an expert witness presented by Ancora in an IPR proceeding with an un-
`
`related third party and to which Petitioner is not a party. Ancora has not offered the
`
`witness for cross-examination in this proceeding.
`
`VIII. EXHIBIT 2017
`Petitioner objects to Exhibit 2017, “Declaration of Ian Jestice, Ancora Tech-
`
`nologies Inc. v. LG Electronics Inc., LG Electronics U.S.A. Inc., Samsung Elec-
`
`tronics Co., Ltd., and Samsung Electronics America, Inc., Case No. 1:20-cv- 00034
`
`(Dkt. # 44-8),” as inadmissible hearsay under FRE 802. This exhibit is an expert
`
`- 4 -
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`
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`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`declaration of an expert witness presented by Ancora in its litigation with an unre-
`
`lated third party to which Petitioner is not a party. Ancora has not offered the wit-
`
`ness for cross-examination in this proceeding.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jon E. Wright/
`
`Jon E. Wright (Reg. No. 50,720)
`Attorney for Petitioner
`
`
`
`
`Date: March 8, 2022
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`- 5 -
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`
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`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of the foregoing
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`
`PURSUANT TO 37 C.F.R. § 42.64(b)(1) were served electronically via e-mail on
`
`March 8, 2022, in its entirety on the following counsel for Patent Owner:
`
`Marc Lorelli
`John P. Rondini
`BROOKS KUSHMAN P.C.
`mlorelli@brookskushman.com
`jrondini@brookskushman.com
`ANCC0125IPR@brookskushman.com
`
`David A. Gosse
`Nicholas T. Peters
`Karen J. Wang
`FITCH, EVEN, TABIN & FLANNERY LLP
`ancora-ipr@fitcheven.com
`dgosse@fitcheven.com
`ntpete@fitcheven.com
`kwang@fitcheven.com
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`
`
`
`Date: March 8, 2022
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`
`
`/Jon E. Wright/
`Jon E. Wright (Reg. No. 50,720)
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`18125351_1.docx
`
`
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