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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`––––––––––
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`––––––––––
`NETFLIX, INC. AND HULU, LLC,
`Petitioners,
`v.
`DIVX, LLC,
`Patent Owner.
`––––––––––
`Case No. IPR2020-00614
`U.S. Patent 7,295,673
`––––––––––
`PETITIONERS’ OBJECTIONS
`TO PATENT OWNER’S DEMONSTRATIVES
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`Petitioners Hulu, LLC and Netflix, Inc. make the following objections to
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`Patent Owner’s Oral Hearing Demonstratives.
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`Slide No(s). Petitioners’ Objections to Patent Owner’s Demonstrative
`Exhibits
`All Slides Petitioners object to all of Patent Owner’s demonstratives because
`they were filed after 2:00 am ET on November 5, more than two
`hours after the November 4 deadline (Paper 48); Petitioners asked
`whether Patent Owner had a reason for not filing its
`demonstratives before the deadline, but Patent Owner did not
`respond.
`Petitioners object to the new arguments circled in red below
`because the numerical figures (“8-16 Times More Data”) do not
`appear in the POR or Sur-Reply and it is improper to raise new
`substantive arguments in an opposition to a motion to strike.
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`108
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`107
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`Petitioners object to the new arguments circled in red below
`because (1) the diagrams and supposed bit patterns do not appear
`in the POR or Sur-Reply; (2) it is improper to raise new
`substantive arguments in an opposition to a motion to strike; and
`(3) the slide as a whole is the subject of Petitioners’ pending
`motion to strike.
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`113
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`Petitioners object to the new arguments circled in red below
`because the diagram was not disclosed in any of Patent Owner’s
`briefing.
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`-2-
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`105
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`Petitioners object to the mischaracterization of Dr. McDaniel’s
`testimony as “untimely” because that argument was never raised in
`the POR or Sur-reply and it is improper to raise new arguments in
`an opposition to a motion to strike.
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`Petitioners further object to the below-listed demonstratives because they
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`contain arguments that are the subject of Petitioners’ pending motion to strike and
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`motion to exclude.
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`Slide No(s). Petitioners’ Objections to Patent Owner’s Demonstrative
`Exhibits
`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to strike
`(Paper 55, § III).
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`106
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`97
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to strike
`(Paper 55, § II).
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`13
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to exclude
`(Paper 52, § III).
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`31
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to exclude
`(Paper 52, § III).
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`89
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to exclude
`(Paper 52, § IV).
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`123
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to exclude
`(Paper 52, § IV).
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`124
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`Petitioners object to the slide as a whole because the arguments
`within are the subject of Petitioners’ pending motion to exclude
`(Paper 52, § IV).
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`Date: November 8, 2021
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`Respectfully,
`
`
`/Harper Batts/
`Harper Batts (Reg. No. 56,160)
`Attorney for Petitioners
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`IPR2020-00614
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`Petitioners’ Objections to PO’s Demonstratives
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on November
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`8, 2021, a complete and entire copy of the foregoing document was filed with the
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`PTAB through its E2E system and served via email on attorneys of record at the
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`following addresses:
`
`Kenneth J. Weatherwax (Reg. No. 54,528)
`weatherwax@lowensteinweatherwax.com
`Distribution Email: DivX_IPRs@lowensteinweatherwax.com
`
`LOWENSTEIN & WEATHERWAX LLP
`1880 Century Park East, Suite 815
`Los Angeles, CA 90067
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`Date: November 8, 2021
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`
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`/Harper Batts/
`Harper Batts (Reg. No. 56,160)
`Attorney for Petitioners
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`-8-
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