`U.S. Patent No. 5,563,883
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`Paper No. 50
`Filed: April 11, 2016
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`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 IPR2015-006351
`Patent 5,563,883
`____________________
`
`
`
`PATENT OWNER’S THIRD SET OF OBJECTIONS
` TO PETITIONERS’ EXHIBITS
`
`
`1 Cox Communications, Inc., who filed a Petition in IPR2015-01796, has been
`joined as a petitioner in this proceeding.
`
`
`
`
`
`
`
`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`
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`
`
`Paper No. 50
`Filed: April 11, 2016
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner C-Cation
`
`Technologies, LLC (“C-Cation”) submits the following objections to Exhibits
`
`1035-1038 submitted by Arris Group, Inc. and Cox Communications, Inc.
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`(collectively “Petitioners”), and any reference to or reliance on the foregoing.
`
`As required by 37 C.F.R § 42.62, C-Cation’s objections below apply the Federal
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`Rules of Evidence.
`
`I.
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`OBJECTION TO EXHIBITS 1035-1038
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`Exhibits 1035-1038 include unsworn certificates, signed by Ms. Julia
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`Fraser, which appear to certify copies of Exhibits 1005-1007 and 1010.
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`Petitioners rely on Exhibits 1035-1038 to establish admissibility of Exhibits
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`1005-1007 and 1010.
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`To the extent that Exhibits 1035-1038 are being submitted as substantive
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`evidence rather than merely to support admissibility of Exhibits 1005-1007 and
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`1010, C-Cation objects to Exhibits 1035-1038 on the grounds that these
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`Exhibits are untimely. Specifically, these Exhibits were not submitted with the
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`Petition (Paper 2) or the Reply (Paper 38), and Petitioners did not make a timely
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`motion to submit them as supplemental information.
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`1
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`Date: April 11, 2016
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`Paper No. 50
`Filed: April 11, 2016
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`Respectfully submitted,
`KENYON & KENYON LLP
`
`/Walter E. Hanley, Jr./
`
`Walter E. Hanley, Jr. (Reg. No. 28,720)
`whanley@kenyon.com
`Lead Counsel for Patent Owner
`
`Sheila Mortazavi (Reg. No. 43,343)
`smortazavi@kenyon.com
`Backup Counsel for Patent Owner
`
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
`
`2
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`
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`Case IPR2015-00635
`U.S. Patent No. 5,563,883
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`Paper No. 50
`Filed: April 11, 2016
`
`Certificate of Service
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`
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`THIRD SET OF OBJECTIONS TO PETITIONERS’ EXHIBITS was served via e-
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`mail on April 11, 2016, in its entirety on the following:
`
`LEAD COUNSEL
`FOR ARRIS GROUP, INC.
`
`Andrew R. Sommer
`asommer@winston.com
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, D.C. 20006-3817
`T: (202) 282-5000
`F: (202) 282-5100
`
`BACKUP COUNSEL
`FOR ARRIS GROUP, INC.
`
`Jonathan E. Retsky
`jretsky@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`T: (312) 558-3791
`F: (312) 558-5700
`
`
`LEAD COUNSEL
`FOR COX COMMUNICATIONS, INC.
`
`Mitchell G. Stockwell (Reg. #39,389)
`mstockwell@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta , GA 30309-4528 USA
`Telephone: (404) 815-6500
`Fax: (404) 541-3403
`
`BACKUP COUNSEL
`FOR COX COMMUNICATIONS, INC.
`
`
`Michael J. Turton (Reg. #40,852)
`mturton@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta , GA 30309-4528 USA
`Telephone: (404) 815-6500
`Fax: (404) 541-3403
`
`
`/Walter E. Hanley, Jr./
`
`Walter E. Hanley, Jr. (Reg. #28,720)
`Lead Counsel for Patent Owner
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
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