`U.S. Patent No. 5,563,883
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.
`Petitioners
`
`v.
`
`C-CATION TECHNOLOGIES, LLC
`Patent Owner
`
`
`
`Case : IPR2015-00635
`U.S. Patent 5,563,883
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and MIRIAM L.
`QUINN, Administrative Patent Judges.
`
`PETITIONERS’ NOTICE OF DEPOSITION OF DR. CHRIS HEEGARD
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
`Submitted Electronically via the Patent Review Processing System
`
`NY:1763556.1
`
`1
`
`
`
`IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`
` Pursuant to 37 C.F.R. § 42.53, Petitioners, ARRIS GROUP, INC. and COX
`
`COMMUNICATIONS, INC. (“Petitioners”), hereby provide notice that it will
`
`cross-examine Dr. Chris Heegard, on January 19, 2016. The parties have agreed
`
`that the cross-examination will begin at 9:00 AM EDT and continuing from day-
`
`to-day until concluded and will be held at the Key West Marriott Beachside Hotel,
`
`3841 N Roosevelt Blvd, Key West, Florida 33040.
`
`The cross-examination will be taken before a Notary Public or other officer
`
`authorized by law to administer oaths. It will be recorded using audiotape and/or
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`stenographic means. Petitioners also may video record the cross-examination of
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`Dr. Heegard. Counsel for Petitioner will make arrangements for the reporter and
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`videographer.
`
`As of the date of this Notice, Petitioner ARRIS has requested that Patent
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`Owner secure and pay the costs of the venue for the deposition. See 37 C.F.R.
`
`42.53(g) (“Except as the Board may order or the parties may agree in writing, the
`
`proponent of the direct testimony shall bear all costs associated with the testimony,
`
`including the reasonable costs associated with making the witness available for the
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`cross-examination.”). Patent Owner has not yet responded. By submitting this
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`Notice, Petitioner does not waive its right to seek an order from the Board
`
`compelling Patent Owner to pay these reasonable costs associated with the
`
`NY:1763556.1
`
`2
`
`
`
`IPR2015-00635
`U.S. Patent No. 5,563,883
`deposition of Dr. Heegard given Patent Owner’s insistence on conducting the
`
`Respectfully submitted:
`
`/s/ Andrew R. Sommer
`
`Andrew R. Sommer (Reg. No. 53,932)
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`T: (202) 282-5000
`
`Jonathan E. Retsky (Reg. No. 34,415)
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601-9703
`T: (312) 558-5600
`
`Attorneys for Petitioner ARRIS Group,
`Inc.
`
`/s/ Michael J. Turton
`
`Mitchell G. Stockwell
`Reg. No. 39,389
`Michael J. Turton
`Reg. No. 40,852
`KILPATRICK TOWNSEND & STOCKTON
`LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309
`T: (404) 815-6500
`
`Attorneys for Petitioner Cox
`Communications, Inc.
`
`deposition in Key West, Florida.
`
`
`
`Dated: January 5, 2016
`
`NY:1763556.1
`
`3
`
`
`
`IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`
`
`
`§ 42.6(e)—CERTIFICATION OF SERVICE
`
`In accordance with § 42.6(e)(1), the undersigned certifies that on the 5th
`
`day of January 2016, the above PETITIONERS’ NOTICE OF DEPOSITION
`
`OF DR. CHRIS HEEGARD was served, via electronic mail upon the following
`
`counsel for Patent Owner,
`
`Walter E. Hanley, Jr.
`whanley@kenyon.com
`
`David J. Kaplan
`djkaplan@kenyon.com
`
`David J. Cooperberg
`dcooperberg@kenyon.com
`
`Merri Moken*
`MMoken@kenyon.com
`
`Dated: January 5, 2016
`
`
`
`
`
`
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`
`* Merri Moken is being copied at the request of Patent Owner
`4
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`NY:1763556.1
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioner ARRIS Group,
`Inc.
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