`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`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. _____
`
`
`
`MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883
`
`
`Statement of Precise Relief Requested
`
`I.
`
`Petitioner Cisco Systems, Inc. respectfully requests that the Patent Trial and Appeal
`
`
`
`
`
`
`
`Board (“the Board”) recognize Petitioner’s Petition for Inter Partes Review of U.S. Patent No.
`
`5,563,883 as being filed on February 19, 2014, the date on which Petitioner transmitted a
`
`complete copy of the petition to the Board by email due to unavailability of the PRPS system.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Date of Email Transmission as Filing Date of Petition for Inter Partes
`Review
`
`
`On February 19, 2014, at approximately 10:50 PM Eastern Time, counsel for
`
`
`
`Petitioner attempted to login to the PRPS system via the “Direct Link” available at:
`
`https://ptabtrials.uspto.gov/. However, the PRPS system was not available. Despite
`
`repeated attempts to access the Direct Link, counsel for Petitioner continued to encounter
`
`the following message:
`
`“The Patent Review Processing System (PRPS) is currently
`
`undergoing system maintenance and will be available
`
`again by 12:00 AM Eastern time on February 16. If your
`
`inquiry is of an urgent nature, please contact the Board by
`
`email at Trials@uspto.gov.”
`
`
`
`2
`
`
`
`The system maintenance message appeared to be a PRPS system error, given that
`
`the end of the indicated maintenance window, February 16, has already passed and given
`
`that counsel for Petitioner had successfully logged into the PRPS system only a few hours
`
`earlier on February 19, 2014.
`
`Because the PRPS system was unavailable, Petitioner submitted its Petition for Inter
`
`Partes Review of U.S. Patent No. 5,563,883 via email to Trials@uspto.gov, per the
`
`guidance provided on the Board’s website.
`
`Petitioner’s complete Petition, meeting all statutory filing requirements, was
`
`transmitted to the Board via email (to Trials@uspto.gov) on February 19, 2014, along with
`
`proper authorization to charge the full amount of the required filing fee to counsel for
`
`Petitioner’s deposit account. A complete service copy of the Petition was also sent to the
`
`patent owner by Express Mail on February 19, 2014.
`
`Ms. Vignone, the Board’s Paralegal Operations Manager, responded to Petitioner’s
`
`submission by email on February 20, 2014 (copy attached as Exhibit A). Ms. Vignone
`
`informed counsel for Petitioner that the PRPS website was in fact down for maintenance for
`
`a brief period on February 19, 2014 and instructed counsel to re-file all documents via the
`
`PRPS system along with the present motion.
`
`On February 20, 2014, concurrent with the filing of this Motion, counsel for Petitioner
`
`refilled its Petition and all supporting documents via the PRPS system, along with
`
`submission of a credit card payment of the statutory filing fee.
`
`
`
`3
`
`
`
`Accordingly, Petitioner respectfully requests that the Board grants its motion to
`
`recognize Petitioner’s Petition for Inter Partes Review of U.S. Patent No. 5,563,883 as being
`
`filed on February 19, 2014, assuming the Board otherwise deems Petitioner’s submission to
`
`meet all applicable filing requirements.
`
`
`
`Date: February 20, 2014
`
`
`
`
`
`
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`
`/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
`
`Counsel for Petitioner
`
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`Robinson, Natasha
`
`From:
`
`Sent:
`To:
`Cc:
`Subject:
`
`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
`
`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.
`
`Thank you,
`
` Maria Vignone
`Paralegal Operations Manager
`Patent Trial and Appeal Board
`571-272-4645
`
`
`
`Thank you,
`
`
`
`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
`
`Dear Sir or Madam,
`
`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.
`
`
`
`1
`
`
`
`
`
`Please note the following:
`
`
`Name and Email of Point of Contact:
`
`
`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
`
`
`Patent Number:
`5,563,883
`
`
`Application Number of Patent:
`276,534
`
`
`2
`
`
`
`Number of Claims Challenged:
`20 claims; Claims 1-20
`
`
`Type of Trial Proceeding:
`Inter Partes Review
`
`
`Power of Attorney:
`Attached
`
`
`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
`
`any necessary additional fees may be charged to Deposit Account No. 20-1430.
`
`Exhibits:
`Exhibits 1001 – 1017 will be submitted in 6 separate emails
`
`
`
`
`
`
`
`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
`
`
`
`
`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.
`
`
`***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.
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.8(e) and 42.105(b), the undersigned certifies that on
`
`February 20, 2014, this MOTION TO RECOGNIZE FEBRUARY 19, 2014 AS FILING DATE
`
`OF PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 5,563,883 was served
`
`on Patent Owner by sending a complete and entire copy hereof via Express Mail to the
`
`following correspondence address of record:
`
`Alexander L. Cheng
`12 Hidden Glen Road
`Scarsdale, NY 10583
`
`
`
`
`
`
`
`
`
`
`
`By: /Michael S. Pavento/
`Michael S. Pavento
`Reg. No. 42, 985
`Counsel for Petitioner
`
`
`
`
`
`