AdvanceMe Inc v. RapidPay LLC

Filing 234

REPLY to Response to Motion re 215 SEALED PATENT MOTION - Defendants' Response to Plaintiff's Objections to Evidence and Argument in Defendants' Motion for Partial Summary Judgment of Patent Invalidity filed by First Funds, LLC, Merchant Money Tree, Inc., Reach Financial, LLC. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Gray, Joseph)

AdvanceMe Inc v. RapidPay LLC

Doc. 234 Att. 7

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EXHIBIT F

Dockets.Justia.com

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Plaintiff's Chart for Exhibit L to Motion for Summary Judgment Citation 21:19-22:6 25:15-22 28:13-29:7 Plaintiff's Objections Lack of foundation regarding personal knowledge, speculation, leading. Fed. R. Evid. 602, 611. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation; inadmissible legal conclusion and lay opinion, vague and ambiguous. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation; inadmissible legal conclusion and lay opinion. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation; inadmissible legal conclusion and lay opinion, compound. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation; vague and ambiguous regarding "turn the transactions over." Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge of what NPC and First of Louisville did and how they did it; speculation; hearsay regarding what was said to NPC and Defendants' Response Waiver. Not leading. Proper Foundation. Waiver. Proper Foundation. Waiver. Not speculation. No legal conclusion. Proper Foundation. Not vague and ambiguous. Proper Foundation. Waiver. Not speculation. Waiver. Not speculation. No legal opinion. Proper Foundation.

30:22-31:18 36:4-7

38:9-39:10

Waiver. Not speculation. No legal conclusion. Proper Foundation.

41:6-17

Waiver. Proper Foundation.

46:7-17 47:7-48:22 48:25-49:6 49:25-54:20

Waiver. Proper Foundation. Waiver. Proper Foundation. Waiver. Proper Foundation. Proper Foundation. Waiver. Not speculation. Not hearsay.

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61:1-3, 9-11 67:11-69:6

69:19-24 70:14-72:12

75:2-9 76:6-19 81:5-82:3 83:11-85:22

93:12-94:21 95:7-96:12 99:12-100:1 101:6-103:13

First Louisville. Fed. R. Evid. 602, 801-804. Hearsay. Fed. R. Evid. 801-804. Lack of foundation regarding personal knowledge, speculation, attempt to prove content of a document with secondary evidence; contents of the document referenced are inadmissible hearsay. Fed. R. Evid. 602, 801-804, 901, 1001-1002, 1004, 1007. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, attempt to prove content of a document with secondary evidence; contents of the document referenced are inadmissible hearsay. Fed. R. Evid. 602, 801-804, 901, 1001-1002, 1004, 1007. Page 75 is cited on page 27 of the Motion, but is not contained in Exhibit L. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, attempt to prove content of a document with secondary evidence; contents of the document referenced are inadmissible hearsay. Fed. R. Evid. 602, 801-804, 901, 1001-1002, 1004, 1007. Calls for legal conclusion, lay opinion. Fed. R. Evid. 602, 701, 702. Hearsay. Fed. R. Evid. 801-804. Lack of foundation, hearsay. Fed. R. Evid. 602, 611, 801-804. Lack of foundation regarding 2

Not hearsay. Proper Foundation. Not speculation. Not hearsay. Not secondary evidence.

Waiver. Proper Foundation. Waiver. Not speculation. Not secondary evidence. Not hearsay. Proper Foundation.

Attached as Exhibit D. Proper Foundation. Waiver. Proper Foundation. Waiver. Not speculation. Waiver. Not speculation. Not secondary evidence. Not hearsay. Proper Foundation.

Waiver. No legal conclusion. Not hearsay. Waiver. Not hearsay. Proper Foundation. Waiver. Not speculation. Not

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104:4-105:7 129:11130:19

132:7-19 138:12-139:6

140:1-21 141:15142:12

personal knowledge, speculation, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 611. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Relevance. Fed. R. Evid. 401-402. Lack of foundation regarding personal knowledge, speculation, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 611. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, calls for legal conclusion and lay opinion, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 602, 611, 701, 702. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Page 140 is cited on page 25 of the Motion, but is not contained in Exhibit L. Lack of foundation regarding personal knowledge, speculation, calls for legal conclusion and lay opinion, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 602, 611, 701, 702. If the latter, attempt to prove content of a

secondary evidence. Proper Foundation.

Relevant. Waiver. Not speculation. Not vague or ambiguous. Not secondary evidence. Proper Foundation.

Waiver. Proper Foundation. Proper Foundation. Not speculation. Waiver. Not vague or ambiguous. Not secondary evidence.

Attached as Exhibit D. Proper Foundation. Not speculation. No legal conclusion. Waiver. Not vague or ambiguous. Not secondary evidence.

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146:14147:12; 147:22148:17

149:5-151:14 152:19156:20

254:17-24

document with secondary evidence. Fed. R. Evid. 1000-1004. Lack of foundation regarding personal knowledge, speculation, calls for legal conclusion and lay opinion, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 602, 611, 701, 702. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Hearsay. Fed. R. Evid. 801-804. Lack of foundation regarding personal knowledge, speculation, calls for legal conclusion and lay opinion, vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 602, 611, 701, 702. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Lack of foundation regarding personal knowledge, speculation; compound. Fed. R. Evid. 602.

Proper Foundation. Waiver. Not speculation. Not vague or ambiguous. Not secondary evidence.

Not hearsay. Proper Foundation. Waiver. Not speculation. Not vague or ambiguous. Not secondary evidence.

Waiver. Proper Foundation. Not speculation.

Plaintiff's Chart for Exhibit M to Motion for Summary Judgment Citation 12:21-13:9 Plaintiff's Objections Lack of foundation regarding personal knowledge, speculation; inadmissible legal conclusion and lay opinion. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, vague. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, vague. Fed. R. Evid. 602. Lack of foundation regarding personal Defendants' Response Proper Foundation. Waiver. Not speculation. No legal conclusion. Proper Foundation. Waiver. Not speculation. Proper Foundation. Waiver. Not speculation. Not vague. Proper Foundation. Waiver. Not vague. Not speculation. Proper Foundation. Waiver.

13:19-14:8 16:16-17:19 18:2-13 19:17-20:1

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20:9-21:1 22:18-23:25 24:1-25:21 26:1-29:10

29:7-37:5

41:4-46:16 47:7-48:16 48:17-50:2 50:25-51:5 51:8-53:24

57:12-58:4 58:9-12

60:18-61:15

knowledge, speculation; inadmissible legal conclusion and lay opinion. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation, vague. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, vague. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602, 611. Lack of foundation regarding personal knowledge, speculation, vague regarding "communicate," "modem to receive the information," and "predominate." Fed. R. Evid. 602. Lack of foundation as to personal knowledge, speculation vague and ambiguous as to "authorization portion," "have a network that was used to process the transactions," and "human involvement," compound. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, vague. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge regarding industry standards, lay opinion. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, compound, vague and ambiguous as to "electronic transfer." Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation regarding what First National Bank of Louisville knew. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation, vague and ambiguous regarding "authorization and settlement steps." Fed. R. Evid. 602. 5

Not speculation. No legal conclusion. Proper Foundation. Waiver. Not speculation. Not vague. Proper Foundation. Waiver. Not speculation. Not vague. Proper Foundation. Waiver. Not speculation. Proper Foundation. Waiver. Not speculation.

Proper Foundation. Waiver. Not speculation. Not vague or ambiguous.

Proper Foundation. Waiver. Not speculation. Not vague. Proper Foundation. Waiver. Proper Foundation. Waiver. Not speculation. Proper Foundation. Proper Foundation. Waiver. Not speculation. Not vague. Proper Foundation. Proper Foundation. Waiver.

Proper Foundation. Waiver. Not speculation. Not vague or ambiguous.

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71:12-72:2 78:3-79:12 88:4-89:10

90:11-92:9

92:10-93:8

93:10-94:15 96:13-98:1 102:19103:17 106:8108:11 108:12110:4 114:9-23

Relevance. Fed. R. Evid. 401-402. Lack of foundation regarding personal knowledge, legal conclusion, lay opinion. Fed. R. Evid. 602, 701, 702. Vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 611. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 611. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid 1000-1004. Vague and ambiguous, relevance. Pages 92-93 have nothing to do with the proposition for which they are cited at p. 19 of the Motion. Fed. R. Evid. 401-402. Lack of foundation regarding personal knowledge of what First National Bank knew. Fed. R. Evid. 602. Lack of foundation of regarding personal knowledge, relevance. Fed. R. Evid. 401,402, 602. Calls for legal conclusion, vague and ambiguous, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Hearsay. Fed. R. Evid. 701, 702. Lack of foundation regarding personal knowledge, speculation; inadmissible legal conclusion and lay opinion; irrelevant. Fed. R. Evid. 401-402, 602, 701, 702. Hearsay. Fed. R. Evid. 701, 702. Pages 120 and 121 are cited on page 24 of the Motion, but are not contained in Exhibit M. Lack of foundation regarding personal knowledge, inadmissible legal conclusion and lay opinion. Fed. R. Evid. 602, 701, 702. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. 6

Relevant. Proper Foundation. Waiver. No legal conclusion. Waiver. Not vague or ambiguous. Not secondary evidence.

Waiver. Not vague or ambiguous. Not secondary evidence.

Waiver. Not vague or ambiguous. Relevant. Proper Foundation. Proper Foundation. Relevant. Waiver. Not speculation. Not vague or ambiguous. No legal conclusion. Proper Foundation. Not hearsay. Proper Foundation. Waiver. Not speculation. Relevant. No legal conclusion. Not hearsay. Attached as Exhibit E. Proper Foundation. No legal conclusion. Proper Foundation. Waiver. Not speculation.

117:7119:11 119:12121:4 122:14123:6 126:1127:19

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130:1-131:2 135:6-136:4 137:7-138:3

176:11-17 178:9-22 191:8-23 224:20225:7

Relevance. Fed. R. Evid. 401, 402. Lack of foundation regarding personal knowledge, speculation; vague and ambiguous regarding Exhibit 7. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, vague and ambiguous regarding "authorization" and "settlement." Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Hearsay. Fed. R. Evid. 701, 702. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602.

Relevant. Proper Foundation. Waiver. Not speculation. Not vague or ambiguous. Proper Foundation. Not vague or ambiguous. Proper Foundation. Not speculation. Proper Foundation. Not hearsay Does not exist.

Plaintiff's Chart for Exhibit O to Motion for Summary Judgment Citation 25:3-20 41:11-42:2 Plaintiff's Objections Hearsay. Fed. R. Evid. 401, 402. Lack of foundation regarding personal knowledge, speculation, attempt to prove content of a document with secondary evidence; contents of the document reference are inadmissible hearsay. Fed. R. Evid. 602, 801-804, 901, 1001-1002, 1004, 1007. Speculation. Fed. R. Evid. 602. Speculation. Fed. R. Evid. 602. Speculation, attempt to prove content of a document with secondary evidence; contents of the document reference are inadmissible hearsay. Fed. R. Evid. 602, 801-804, 901, 1001-1002, 1004, 1007. Lack of foundation regarding personal knowledge, speculation, vague and ambiguous regarding "correct number." Fed. R. Evid. 602. Speculation, vague and ambiguous regarding "accept" and "electronically forwarded." Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, vague and ambiguous regarding "sales records" and "electronically forwarded," speculation. Fed. R. Evid. 602. Lack of foundation regarding personal knowledge, vague and ambiguous regarding "electronically 7 Defendants' Response Not hearsay. Proper Foundation. Not speculation. Not secondary evidence. Not hearsay.

44:11-22 45:5-46:9 76:19-77:4

Not speculation. Not speculation. Waiver. Not speculation. Not secondary evidence. Not hearsay. Proper Foundation. Waiver. Not speculation. Not vague or ambiguous. Waiver. Not speculation. Not vague or ambiguous. Proper Foundation. Waiver. Not vague or ambiguous. Proper Foundation. Waiver. Not vague or ambiguous.

78:5-12 78:1379:22 80:2-6

80:23-81:7

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83:1684:20

85:22-86:9 88:2-90:11 91:7-24 92:20-23 96:18-25 97:11-16

forward," speculation. Fed. R. Evid. 602. Vague and ambiguous as to whether the witness is summarizing his own independent understandings or the contents of a document. Fed. R. Evid. 611. If the latter, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 1000-1004. Speculation. Fed. R. Evid. 602. Hearsay, attempt to prove content of a document with secondary evidence. Fed. R. Evid. 401, 402, 1000-1004. Lack of foundation regarding personal knowledge, speculation. Fed. R. Evid. 602. Legal conclusion, lay opinion. Fed. R. Evid. 701, 702. Lack of foundation regarding personal knowledge. Fed. R. Evid. 602. Attempt to prove content of a document with secondary evidence; contents of the document reference are inadmissible hearsay, vague and ambiguous regarding "in effect;" calls for legal conclusion and improper lay opinion. Fed. R. Evid. 602, 701, 702, 801-804, 901, 1001-1002, 1004, 1007.

Not speculation. Not vague or ambiguous. Not secondary evidence.

Waiver. Not speculation. Not hearsay. Not secondary evidence. Proper Foundation. Waiver. No legal conclusion. Proper Foundation. Waiver. Not secondary evidence. Not vague or ambiguous. No legal conclusion.

Plaintiff's Chart for Exhibit Q to Motion for Summary Judgment Citation 22:16-23:15 25:6-23 38:15-39:5 39:14-24 Plaintiff's Objections Speculation. Fed. R. Evid. 611. Hearsay. Fed. R. Evid. 401, 402. Speculation. Fed. R. Evid. 602. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced 8 Defendants' Response Not speculation. Not hearsay. Not speculation. Response to question from Plaintiff's counsel. Not secondary evidence. Not hearsay. Response to question from Plaintiff's counsel. Not secondary evidence. Not hearsay. Response to question from Plaintiff's counsel. Not secondary evidence. Not hearsay. Not secondary evidence. Not hearsay.

40:7-20

64:4-18

80:15-81:11

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84:25-86:3

87:13-88:13

89:11-90:4 90:17-91:8

93:10-94:9

document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007. Page 89 is cited on page 15 of the Motion, but is not contained in Exhibit Q. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay, vague and ambiguous regarding "obligation." Fed. R. Evid. 602, 801-804, 1001-1002, 1004, 1007. Attempt to prove content of a document with secondary evidence, contents of referenced document are inadmissible hearsay. Fed. R. Evid. 801-804, 1001-1002, 1004, 1007.

Not secondary evidence. Not hearsay. Not secondary evidence. Not hearsay. Attached as Exhibit C. Not secondary evidence. Not hearsay. Waiver. Not vague or ambiguous.

Not secondary evidence.

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