`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`Cisco Systems, Inc.
`Petitioner
`
`v.
`
`Capella Photonics, Inc.
`Patent Owner
`
`Patent No. RE42,678
`Filing Date: June 15, 2010
`Reissue Date: September 6, 2011
`
`Title: RECONFIGURABLE OPTICAL ADD-DROP MULTIPLEXERS WITH
`SERVO CONTROL AND DYNAMIC SPECTRAL POWER MANAGEMENT
`CAPABILITIES
`
`
`
`Inter Partes Review No. 2014-01276
`
`Petitioner’s List of Proposed Motions
`
`
`
`1
`
`
`
`Case No. 2014-01276
`Atty. Docket No. CSCO-002/00US [034855-2015] (RE42,678)
`Petitioner’s List of Proposed Motions
`
`
`
`Pursuant to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756,
`
`
`
`48765-66 (August 14, 2012), Petitioner Cisco Systems, Inc., hereby submits the
`
`following list of the two proposed motions it is currently contemplating filing.
`
`This list is provided without prejudice to Petitioner’s right to seek authorization to
`
`file additional motions pursuant to the Board's authorization or to refrain from
`
`filing the motions listed herein.
`
`With respect to the proposed motion for additional discovery (No. 2, below),
`
`Petitioner appreciates that the Board decided not to allow Petitioner to file a similar
`
`motion in IPR2014-01166. Out of an abundance of caution, Petitioner asks again
`
`for this discovery in order to be as diligent as possible in light of the short time for
`
`third-party discovery between the Patent Owner’s May 18, 2015, response and
`
`Petitioner’s August 18, 2015, response.
`
`1. Motion to submit supplemental information pursuant to 37 CFR § 42.123
`
`(e.g., Patent Owner’s (“PO”)’s
`
`interrogatory responses and related
`
`discovery regarding alleged conception, diligence and reduction
`
`to
`
`practice).
`
`2. Motion for additional discovery pursuant to 37 CFR § 42.51(b)(2) (e.g.,
`
`regarding (1) alleged conception, diligence and reduction to practice,
`
`
`
`1
`
`
`
`Case No. 2014-01276
`Atty. Docket No. CSCO-002/00US [034855-2015] (RE42,678)
`Petitioner’s List of Proposed Motions
`
`
`including such evidence in PO’s or third parties’ control; and/or (2) lack of
`
`indicia of non-obviousness). This discovery is likely to involve third-party
`
`subpoenas to, e.g., the named inventors of the RE42,678 patent at issue.
`
`These proposed motions have been timely filed within one month of the date
`
`the trial was instituted, and at least two business days before any expected
`
`conference call with the Board.
`
`
`Dated: March 16, 2015
`
`COOLEY LLP
`ATTN: Wayne O. Stacy
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`Tel: (720) 566-4000
`Fax: (202) 842-7899
`
`
`
`
`
`
`By:
`
`
`
`
`
`Respectfully submitted,
`COOLEY LLP
`
`/ Matthew J. Leary /
`Matthew J. Leary
`Reg. No. 58,593
`Back-up Counsel
`
`
`
`2
`
`
`
`Case No. 2014-01276
`Atty. Docket No. CSCO-002/00US [034855-2015] (RE42,678)
`Petitioner’s List of Proposed Motions
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b), the undersigned certifies that on
`
`March 16, 2015, a complete and entire electronic copy of this Petitioner’s List of
`
`Proposed Motions for Inter Partes Review No. 2014-01276, was served
`
`electronically via email in its entirety on the following counsel of record for Patent
`
`Owners:
`
`Robert Greene Sterne (Lead Counsel)
`Jon E. Wright (Backup Counsel)
`Jason D. Eisenberg (Backup Counsel)
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`1100 New York Avenue, N. W.
`Washington, D.C. 20005
`E-mails:
`rsterne-PTAB@skgf.com
`jwright-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`By: / Matthew J. Leary /
`
`Matthew J. Leary
`
`Reg. No. 58,593
`
`Back-up Counsel
`
`
`1
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