UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Cisco Systems, Inc.
`Petitioner
`v.
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`C-Cation Technologies, LLC
`Patent Owner
`Patent No. 5,563,883
`Filing Date: July 18, 1994
`Issue Date: October 8, 1996
`Title: DYNAMIC CHANNEL MANAGEMENT AND SIGNALLING METHOD AND
`APPARATUS
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`Inter Partes Review No. _____
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`
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`MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883
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`1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`Cisco Systems, Inc.
`Petitioner
`v.
`
`C-Cation Technologies, LLC
`Patent Owner
`Patent No. 5,563,883
`Filing Date: July 18, 1994
`Issue Date: October 8, 1996
`Title: DYNAMIC CHANNEL MANAGEMENT AND SIGNALLING METHOD AND
`APPARATUS
`
`
`
`
`Inter Partes Review No. _____
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`
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`MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883
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`MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883
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`Statement of Precise Relief Requested
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`I.
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`Petitioner Cisco Systems, Inc. respectfully requests that the Patent Trial and Appeal
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`Board (“the Board”) recognize Petitioner’s Petition for Inter Partes Review of U.S. Patent No.
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`5,563,883 as being filed on February 19, 2014, the date on which Petitioner transmitted a
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`complete copy of the petition to the Board by email due to unavailability of the PRPS system.
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`II.
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`Statement of Facts Showing Good Cause for the Board to Recognize
`Date of Email Transmission as Filing Date of Petition for Inter Partes
`Review
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`On February 19, 2014, at approximately 10:50 PM Eastern Time, counsel for
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`Petitioner attempted to login to the PRPS system via the “Direct Link” available at:
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`https://ptabtrials.uspto.gov/. However, the PRPS system was not available. Despite
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`repeated attempts to access the Direct Link, counsel for Petitioner continued to encounter
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`the following message:
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`“The Patent Review Processing System (PRPS) is currently
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`undergoing system maintenance and will be available
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`again by 12:00 AM Eastern time on February 16. If your
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`inquiry is of an urgent nature, please contact the Board by
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`email at Trials@uspto.gov.”
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`2
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`The system maintenance message appeared to be a PRPS system error, given that
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`the end of the indicated maintenance window, February 16, has already passed and given
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`that counsel for Petitioner had successfully logged into the PRPS system only a few hours
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`earlier on February 19, 2014.
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`Because the PRPS system was unavailable, Petitioner submitted its Petition for Inter
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`Partes Review of U.S. Patent No. 5,563,883 via email to Trials@uspto.gov, per the
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`guidance provided on the Board’s website.
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`Petitioner’s complete Petition, meeting all statutory filing requirements, was
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`transmitted to the Board via email (to Trials@uspto.gov) on February 19, 2014, along with
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`proper authorization to charge the full amount of the required filing fee to counsel for
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`Petitioner’s deposit account. A complete service copy of the Petition was also sent to the
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`patent owner by Express Mail on February 19, 2014.
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`Ms. Vignone, the Board’s Paralegal Operations Manager, responded to Petitioner’s
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`submission by email on February 20, 2014 (copy attached as Exhibit A). Ms. Vignone
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`informed counsel for Petitioner that the PRPS website was in fact down for maintenance for
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`a brief period on February 19, 2014 and instructed counsel to re-file all documents via the
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`PRPS system along with the present motion.
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`On February 20, 2014, concurrent with the filing of this Motion, counsel for Petitioner
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`refilled its Petition and all supporting documents via the PRPS system, along with
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`submission of a credit card payment of the statutory filing fee.
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`3
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`Accordingly, Petitioner respectfully requests that the Board grants its motion to
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`recognize Petitioner’s Petition for Inter Partes Review of U.S. Patent No. 5,563,883 as being
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`filed on February 19, 2014, assuming the Board otherwise deems Petitioner’s submission to
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`meet all applicable filing requirements.
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`Date: February 20, 2014
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`KILPATRICK TOWNSEND & STOCKTON LLP
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`
`/s/ Michael S. Pavento
`Michael S. Pavento, Reg. No. 42,985
`
`1100 Peachtree Street, NE, Suite 2800
`Atlanta, Georgia 30309-4530
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
`MPavento@kilpatricktownsend.com
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`Counsel for Petitioner
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`4
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`EXHIBIT A
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`EXHIBIT A
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`
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`Robinson, Natasha
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`From:
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`Sent:
`To:
`Cc:
`Subject:
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`Vignone, Maria <Maria.Vignone@USPTO.GOV> on behalf of Trials
`<Trials@USPTO.GOV>
`Thursday, February 20, 2014 9:56 AM
`Robinson, Natasha; Trials
`Pavento, Mike; Stockwell, Mitch; Korn, Russ; Kadaba, Wab
`RE: Petitioner Cisco Systems, Inc. - - Petition for Inter Partes Review and Certificate of
`Service, Power of Attorney and Motion Requesting Acceptance of Email Submission - -
`submitted via Email due to USPTO technical difficulty
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`Counsel: PRPS was down for maintenance for a short period last night. Please file all the documents in PRPS today and
`file a short Motion to Accept the Filing Date for yesterday. Additionally, you may refer to FAQ A2 on our website.
`http://www.uspto.gov/ip/boards/bpai/prps.jsp.
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`Thank you,
`
` Maria Vignone
`Paralegal Operations Manager
`Patent Trial and Appeal Board
`571-272-4645
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`Thank you,
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`
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`From: Robinson, Natasha [mailto:NaRobinson@kilpatricktownsend.com]
`Sent: Wednesday, February 19, 2014 11:37 PM
`To: Trials
`Cc: Pavento, Mike; Stockwell, Mitch; Korn, Russ; Kadaba, Wab
`Subject: Petitioner Cisco Systems, Inc. - - Petition for Inter Partes Review and Certificate of Service, Power of Attorney
`and Motion Requesting Acceptance of Email Submission - - submitted via Email due to USPTO technical difficulty
`Importance: High
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`Dear Sir or Madam,
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`I am trying to file the attached Inter Partes Review Petition via PRPS and have been experiencing technical difficulty. I
`am receiving the following message each time I try to log in for filing. As such, I am submitting the attached Inter Partes
`Review Petition via email.
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`1
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`Please note the following:
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`Name and Email of Point of Contact:
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`Lead Counsel
`Mitchell G. Stockwell (Reg. No. 39,389)
`(MStockwell@kilpatricktownsend.com)
`
`
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309-4528
`T: 404.815.6214; F: 404.541.3403
`
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`Patent Number:
`5,563,883
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`Application Number of Patent:
`276,534
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`2
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`Number of Claims Challenged:
`20 claims; Claims 1-20
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`Type of Trial Proceeding:
`Inter Partes Review
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`Power of Attorney:
`Attached
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`Fee Authorization:
`The petition fee is $26,000, which is believed to be the amount specified by 37 C.F.R. § 42.15. The fee and
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`any necessary additional fees may be charged to Deposit Account No. 20-1430.
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`Exhibits:
`Exhibits 1001 – 1017 will be submitted in 6 separate emails
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`Natasha Robinson
`Paralegal
`Kilpatrick Townsend & Stockton LLP
`Suite 2800 | 1100 Peachtree Street NE | Atlanta, GA 30309-4528
`office 404 815 6265 | cell 347 495 4944 | fax 404 541 4710
`narobinson@kilpatricktownsend.com | www.kilpatricktownsend.com
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`Confidentiality Notice:
`This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its
`disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-
`client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information
`contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at 404 815 6500, and destroy the
`original transmission and its attachments without reading or saving in any manner.
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`
`***DISCLAIMER*** Per Treasury Department Circular 230: Any U.S. federal tax advice contained in this communication (including any attachments) is not
`intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
`recommending to another party any transaction or matter addressed herein.
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.8(e) and 42.105(b), the undersigned certifies that on
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`February 20, 2014, this MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE
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`OF PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883 was served
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`on Patent Owner by sending a complete and entire copy hereof via Express Mail to the
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`following correspondence address of record:
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`Alexander L. Cheng
`12 Hidden Glen Road
`Scarsdale, NY 10583
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`By: /Michael S. Pavento/
`Michael S. Pavento
`Reg. No. 42, 985
`Counsel for Petitioner
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