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UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`CISCO SYSTEMS, INC., CIENA CORPORATION,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., AND
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`___________________
`
`Case IPR2014-011661
`Patent RE42,368
`___________________
`
`
`PATENT OWNER CAPELLA PHOTONICS, INC.’S
`REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 Case IPR2015-00816 has been joined with this proceeding.
`
`

`
`Case IPR2014-01166
`Patent RE42,368
`Pursuant to 37 C.F.R. § 42.70 and the Board’s January 30, 2015 Scheduling
`
`Order (Paper 9), Patent Owner Capella Photonics, Inc. respectfully requests oral
`
`argument, which is currently scheduled for November 5, 2015. Because they
`
`involve related patents and identical prior art, Patent Owner requests the oral
`
`argument for the instant case be consolidated with the oral argument for IPR2014-
`
`01276, that there be one transcript, and that each party be given one hour total for
`
`the consolidated argument.
`
`Patent Owner specifies the following issues to be argued:
`
`1. The patentability of claims 1–6, 9–13, and 15–22 over the applied art;
`
`2. Any issues specified by Petitioner in its Request for Oral Argument;
`
`3. Rebuttal to Petitionerʼs presentation on all matters; and
`
`4. Any other outstanding motions and pleadings, and other issues that
`
`the Board deems necessary for issuing a Final Written Decision.
`
`Patent Owner requests the ability to use audio visual equipment to display
`
`possible demonstratives and exhibits, including the use of a computer, projector,
`
`and screen.
`
` Respectfully submitted
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Patent Owner –
`Capella Photonics, Inc.
`- 1 -
`
`
`
`
`Date: September 18, 2015
`
`
`
`
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`

`
`Case IPR2014-01166
`Patent RE42,368
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the foregoing PATENT OWNER
`
`CAPELLA PHOTONICS, INC.’S REQUEST FOR ORAL ARGUMENT was
`
`served electronically via e-mail in its entirety on September 18, 2015 upon the
`
`following counsel for Petitioner:
`
`Wayne O. Stacy
`Matthew J. Leary
`Matthew J. Moore
`Robert Steinberg
`Christopher Chalsen
`Nathaniel Browand
`Thomas K. Pratt
`J. Pieter van Es
`
`wstacy@cooley.com
`CapellaCisco@cooley.com
`Matthew.Moore@lw.com
`Bob.Steinberg@lw.com
`CChalsen@milbank.com
`NBrowand@milbank.com
`TPratt@bannerwitcoff.com
`PvanEs@bannerwitcoff.com
`
`
`
`Date: September 18, 2015
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Patent Owner –
`Capella Photonics, Inc.

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