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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SONY INTERACTIVE ENTERTAINMENT LLC
`Petitioner
`
`v.
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`BOT M8, LLC
`Patent Owner
`
`____________
`
`Case No. IPR2020-01288
`U.S. Patent No. 7,664,988
`____________
`
`
`
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`PETITIONER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R.
`§ 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Sony Interactive Entertainment
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`LLC (“Petitioner”) submits the following objections to evidence that Bot M8, LLC,
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`(“Patent Owner”) served in its Patent Owner Preliminary Response. These
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`objections are timely filed and served within ten business days of the Board’s
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`February 16, 2021, Institution Decision.
`
`Evidence
`
`Exhibit 2011
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`
`
`
`
`Objections
`
`37 CFR § 42.63(a): This exhibit is a
`machine translation of a foreign
`language document, which is improper
`and fails to include an affidavit
`attesting to the accuracy of the
`translation as required by 37 CFR §
`42.63(a). See also Kingbright Elecs.
`Co. Ltd. v. Cree, Inc., IPR2015-00751,
`
`Paper 8 at 12-13 (P.T.A.B., Aug. 10,
`
`2015); Square, Inc. v. REM Holdings 3,
`LLC, IPR2014-00312, Paper 58 at 35-
`36 (P.T.A.B., July 7, 2015).
`
`FRE 401, 402 and 403: Petitioner
`objects to this evidence on the grounds
`that it is an unreliable machine
`translation and, therefore, irrelevant,
`and its probative value is substantially
`outweighed by a danger of unfair
`prejudice, confusing the issues, and
`wasting time.
`
`FRE 801, 802, and 803: This
`evidence is hearsay under FRE 801 and
`does not fall within a hearsay exception
`under FRE 802 and FRE 803.
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`1
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`Respectfully submitted,
`
`BY: /s/ Eric A. Buresh
`
`Eric A. Buresh, Reg. No. 50,394
`Jason R. Mudd, Reg. No. 57,700
`Kathleen D. Fitterling, Reg. No. 62,950
`
`COUNSEL FOR PETITIONER
`
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`
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`Dated: March 2, 2021
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`2
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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 March 2,
`
`2021, a true and correct copy of the foregoing PETITIONER’S OBJECTIONS TO
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`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1) were served by electronic
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`mail on Patent Owner’s lead and backup counsel at the following email addresses:
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`James Hannah: jhannah@kramerlevin.com
`Jonathan S. Caplan: jcaplan@kramerlevin.com
`Jeffrey H. Price: jprice@kramerlevin.com
`svdocketing@kramerlevin.com
`
`
`
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`
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`BY: /s/ Eric A. Buresh
`
`Eric A. Buresh, Reg. No. 50,394
`Jason R. Mudd, Reg. No. 57,700
`Kathleen D. Fitterling, Reg. No. 62,950
`
`COUNSEL FOR PETITIONER
`
`3
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