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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`APPLE, INC., BLACKBERRY CORP.,1
`LG ELECTRONICS INC., SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
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`v.
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`UNILOC 2017 LLC,
`Patent Owner
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`
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`Proceeding No.: IPR2019-00219
`Attorney Docket: 39521-0057IP1
`
`
`
`
`
`
`Case IPR2019-00222
`Patent 7,167,487
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`
`
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`
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`PETITIONER’S STATEMENT OF OBJECTIONS TO
`PATENT OWNER’S DEMONSTRATIVES
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`
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`
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`1 BlackBerry Corp., who filed a petition in IPR2019-01282, has been joined as a
`petitioner to this proceeding.
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`
`
`Proceeding No.: IPR2019-00222
`Attorney Docket: 39521-0061IP1
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`Petitioners submit the following objections to the demonstratives filed by the
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`Patent Owner in connection with the oral hearing scheduled for March 3, 2020.
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`Pursuant to the Board’s Order Granting Requests for Oral Hearing (Paper 21), this
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`Statement of Objections is being filed at least two business days before the oral
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`hearing.
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`Slide 9 of Patent Owner’s Demonstratives
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`Petitioner objects to the last bullet point of slide 9, which states “Not
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`custodian or record keeper authorized to represent 3GPP.” This allegation
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`constitutes new argument that Patent Owner did not present in its briefing for
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`IPR2019-00222. In particular, Patent Owner has not made, in its briefs, any
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`statement about, or argument pertaining to, “custodian” or “record keeper”
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`“authorized to represent 3GPP.”
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`Slide 11 of Patent Owner’s Demonstratives
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`Petitioner objects to the statements made in first row, third column (“No,
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`emailed to limited subscriber-members employed by specific companies / affiliated
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`with organizations”), second row, second column (“contrasted with meetings in the
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`hundreds, which were insufficient”), and second row, third column
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`(“subscriber-members”) of slide 11. Each of these statements constitutes new
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`argument that Patent Owner did not present in its briefing for IPR2019-00222.
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`1
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`
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`In particular, Patent Owner has not made, in its briefs, any statement about
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`Proceeding No.: IPR2019-00222
`Attorney Docket: 39521-0061IP1
`
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`notice of meeting being emailed to “limited subscriber-members employed by
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`specific companies / affiliated with organizations.” Patent Owner’s statements
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`pertinent to email recipients can be found in Patent Owner's Sur-Reply, which
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`merely state that “notice of the meeting was asserted to be distributed by e-mail to
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`those who subscribed to a group’s e-mail reflector,” and that “there were only 934
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`subscribers to the relevant RAN2 e-mail list.” Paper 17, pp. 8-9. These statements
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`do not support the allegation of “limited subscriber-members” “employed by
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`specific companies / affiliated with organizations.”
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`Patent Owner has also not made, in its briefs, any statement about “Jazz
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`Pharm.” case finding that “meetings in the hundreds … were insufficient.” Patent
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`Owner’s statements in this context can be found in Patent Owner's Sur-Reply,
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`which merely note that “[t]he Court distinguished the publicly accessible notice of
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`Jazz Pharms. from smaller meetings ‘of at most several hundred persons,’ which
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`would far exceed the size of the meeting at which R2-010182 was discussed.”
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`Paper 17, p. 9. There is no argument that the court in Jazz Pharms. found that
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`meetings in the hundreds were insufficient.
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`For at least these reasons, Petitioner submits that the above-noted contents of
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`slides 9 and 11 constitute impermissible new arguments.
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`
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`2
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`
`
`Proceeding No.: IPR2019-00222
`Attorney Docket: 39521-0061IP1
`
`
` Respectfully submitted,
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`
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`
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`Date: February 28, 2020
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`
` /Roberto J. Devoto/
`Roberto J. Devoto, Reg. No. 55,108
`W. Karl Renner, Reg. No. 41,265
`Ayan Roy-Chowdhury, Reg. No. 72,483
`Fish & Richardson P.C.
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`
`
`Attorneys for Petitioner
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`3
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`
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`Proceeding No.: IPR2019-00222
`Attorney Docket: 39521-0061IP1
`
`
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies that
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`on February 28, 2020, a complete and entire copy of this Petitioner’s Statement of
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`Objections to Patent Owner’s Demonstratives were provided via email to the Patent
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`Owner by serving the correspondence email address of record as follows:
`
`Brian Koide
`Brett Mangrum
`Ryan Loveless
`James Etheridge
`Jeffrey Huang
`Etheridge Law Group
`2600 E. Southlake Blvd., Ste. 120-324
`Southlake, TX 76092
`
`Email: brian@etheridgelaw.com
` ryan@etheridgelaw.com
` brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
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`4
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