throbber
Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`
`
`
`Paper 53
`April 21, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`ARRIS GROUP, INC., and COX COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`C-CATION TECHNOLOGIES, LLC,
`Patent Owner.
`____________________
`
`Case IPR2015-006351
`Patent 5,563,883
`____________________
`
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`
`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
`
`
`
`
`
`Paper 53
`April 21, 2016
`
`Pursuant to 37 C.F.R. § 42.63(e) and § 42.64(b)(2), Patent Owner C-
`
`Cation Technologies, LLC (“Patent Owner”) hereby submits the following
`
`Updated Exhibit List identifying the exhibit number and a brief description of
`
`each exhibit filed in connection with the above captioned IPR2015-00635.
`
`Exhibit #
`
`C-Cation 2001
`
`C-Cation 2002
`
`C-Cation 2003
`
`C-Cation 2004
`
`C-Cation 2005
`
`C-Cation 2006
`
`Updated Exhibit List
`
`Exhibit Description
`
`C-Cation Technologies, LLC’s Proposed Discovery
`Request to Arris Group, Inc.
`
`Complaint, C-Cation Tech., LLC v. Comcast Corp., No
`2:11-cv-00030 (filed Jan. 21, 2011), D.I. 1.
`
`FORM 10-K for the fiscal year ended December 31,
`2013 of Arris Group, Inc.
`
`Scheduling and Discovery Order, C-Cation Tech., LLC v.
`Comcast Corp., No 2:11-cv-00030 (filed Oct. 3, 2012),
`D.I. 145.
`
`Defendant Comcast Cable’s Supplemental Intial
`Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1), C-
`Cation Tech., LLC v. Comcast Corp., No 2:11-cv-00030.
`
`“Arris Acquires Motorola Home: Creates Premier Video
`Delivery and Broadband Technology Company” (April 17,
`2013), available at
`http://ir.arrisi.com/phoenix.zhtml?c=87823&p=irol-
`newsArticle&ID=1807670.
`
`C-Cation 2007
`
`“Corporate Terms and Conditions of Sale,” March 2012,
`available as of July 7, 2014 at
`http://moto.arrisi.com/_docs/EULA_Warranty.pdf.
`
`C-Cation 2008
`
`Transcript of June 26, 2014 Conference Call, IPR2014-
`00746.
`
`
`
`1
`
`

`
`Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`Exhibit #
`
`C-Cation 2009
`
`C-Cation 2010
`
`C-Cation 2011
`
`C-Cation 2012
`
`
`
`
`Paper 53
`April 21, 2016
`
`Exhibit Description
`
`Expert Report of Stuart Lipoff Regarding the Invalidity
`of U.S. Patent No. 5,563,883, C-Cation Tech., LLC v.
`Comcast Corp., No. 2:11-cv-30, dated August 16, 2013.
`
`C-Cation’s First Amended Complaint, C-Cation Tech.,
`LLC v. Comcast Corp., No. 2:11-cv-30, dated April 5,
`2011.
`
`Stipulation of Dismissal, C-Cation Tech., LLC v.
`Comcast Corp., No. 2:11-cv-30, dated January 21, 2014.
`
`C-Cation’s Complaint, C-Cation Tech, LLC v. Time
`Warner Cable, Inc., et al., No. 2:14-cv-59, dated
`February 4, 2014.
`
`C-Cation 2013
`
`2003 Agreement between Arris and Comcast.
`
`C-Cation 2014
`
`C-Cation Tech’s Infringement Contentions Against
`Comcast, C-Cation Tech., LLC v. Comcast Corp., No.
`2:11-cv-30, dated December 2, 2011.
`
`C-Cation 2015
`
`2009 Agreement between Arris and Comcast.
`
`C-Cation 2016
`
`2005 Amendment extending 2003 Agreement between
`Arris and Comcast.
`
`C-Cation 2017
`
`2007 Amendment extending 2003 Agreement between
`Arris and Comcast.
`
`C-Cation 2018
`
`Arris Group Inc.’s Form 10-K annual report for the fiscal
`year ended December 31, 2009.
`
`C-Cation 2019
`
`Arris’s Schedule of Redacted Documents and Documents
`Withheld from Production, dated March 6, 2015.
`
`C-Cation 2020
`
`Claim Construction Memorandum and Order, C-Cation
`Tech, LLC v. Time Warner Cable, Inc., et al., No. 2:14-
`cv-59, dated April 20, 2015.
`
`
`
`2
`
`

`
`Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`Exhibit #
`
`C-Cation 2021
`
`
`
`
`Paper 53
`April 21, 2016
`
`Exhibit Description
`Reporter’s Transcript of Claim Construction Hearing, C-
`Cation Tech, LLC v. Time Warner Cable, Inc., et al., No.
`2:14-cv-59, dated February 18, 2015.
`
`C-Cation 2022
`
`Transcript of April 2, 2015 Telephone Hearing,
`IPR2015-00635.
`
`C-Cation 2023
`
`Declaration of Dr. Chris Heegard, November 5, 2015,
`Arris Group, Inc. and Cox Communications, Inc. v. C-
`Cation Tech., LLC, IPR2015-00635.
`
`C-Cation 2024
`
`Curriculum Vitae of Dr. Chris Heegard.
`
`C-Cation 2025
`
`Certified File History, U.S. Patent Application No.
`08/276,534.
`
`C-Cation 2026
`
`U.S. Patent No. 4,573,206 to Grauel et al.
`
`C-Cation 2027
`
`C-Cation 2028
`
`Transcript of Deposition of Stuart J. Lipoff, October 20,
`2015, Arris Group, Inc. and Cox Communications, Inc. v.
`C-Cation Tech., LLC, IPR2015-00635.
`
`Expert Report of Stuart Lipoff Regarding Defendants’
`Non-Infringement of U.S. Patent No. 5,563,883 and
`Related Technical Matters, C-Cation Tech., LLC v.
`Comcast Corp., No. 2:11-cv-30 (E.D. Tex.), dated
`September 6, 2013 (Redacted).
`
`C-Cation 2029
`
`Declaration of David J. Kaplan dated November 25,
`2015.
`
`C-Cation 2030
`
`September 6, 2013 E-mail from Ryan K. Wong to Lewis
`Popovski et al.
`
`C-Cation 2031
`
`Patent Owner’s Demonstratives for the oral hearing.
`
`
`
`3
`
`
`
`
`
`

`
`Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`Date: April 21, 2016
`
`
`
`
`
`
`Paper 53
`April 21, 2016
`
`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
`
`
`
`4
`
`

`
`Case IPR2015-00635
`U.S. Patent No. 5,563,883
`
`
`
`
`
`Paper 53
`April 21, 2016
`
`Certificate of Service
`
`
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`UPDATED EXHIBIT LIST was served via e-mail on April 21, 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
`
`5

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