`U.S. Patent No. 5,563,883
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.
`Petitioners
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
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`Case : IPR2015-006351
`U.S. Patent 5,563,883
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`Before the Honorable KRISTEN L. DROESCH, KALYAN K. DESHPANDE, and
`MIRIAM L. QUINN Administrative Patent Judges.
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`PETITIONERS’ FIRST SET OF OBJECTIONS
`TO PATENT OWNER’S EXHIBITS, NOS. 2023 – 2028
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`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
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`in a representative capacity for Petitioners, ARRIS Group, Inc. and Cox
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`Communications, Inc., hereby submit the following objections to Patent Owner C-
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`CATION Technologies, LLC’s (“Patent Owner”) Exhibits 2023-2028, and any
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`1 Cox Communications, Inc., who filed a Petition in IPR2015-01796, has been
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`joined as a petitioner in this proceeding.
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`NY:1763556.1
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`IPR2015-00635
`U.S. Patent No. 5,563,883
`reference to/reliance on the foregoing. As required by 37 C.F.R § 42.62,
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`Petitioners’ objections below apply the Federal Rules of Evidence.
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`I.
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`OBJECTIONS TO EXHIBIT 2027
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`Evidence objected to: Exhibit 2027.
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`Grounds for objection: Exhibit 2027 is a transcript of the deposition for
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`Stuart J. Lipoff, taken on October 20, 2015 in Menlo Park, California in relation to
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`these proceedings, and contains numerous objections preserved for the record by
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`the Petitioners. Petitioners reserves their right to assert any objection to testimony
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`preserved therein.
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` OBJECTIONS TO EXHIBIT 2028 II.
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`Evidence objected to: Exhibit 2028
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`Grounds for objection: Exhibit 2028, a redacted version of the document
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`titled “Expert Report of Stuart Lipoff Regarding Defendants’ Non-infringement of
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`U.S. Patent No. 5,563,883 and Related Technical Matters,” and allegedly
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`associated with an action styled C-Cation Technologies, LLC v. Comcast Corp., et
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`al., No. 2:11-cv-30 (E.D. Tex.). Petitioners object to this Exhibit under Fed. R.
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`Evid. 106 because it is an incomplete portion of a writing that (1) is redacted,
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`rendering it incomplete; and (2) it omits documents incorporated by reference into
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`it, further rendering it incomplete. Petitioners further object to this Exhibit under
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`Fed. R. Evid. 401 and 403 because it does not make any fact relevant to the
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`IPR2015-00635
`U.S. Patent No. 5,563,883
`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Introduction and evaluation of Exhibit 2028
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`would further lead to undue delay, confusion, and a waste of time; further, the
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`probative value of this exhibit is outweighed by its prejudicial effect, particularly
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`in light of the incomplete and hearsay nature of the Exhibit.
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`To the extent that Patent Owner is using Exhibit 2028 in an attempt to
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`impeach Mr. Lipoff’s testimony, Patent Owner’s use of the Exhibit is improper
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`under Fed. R. Evid. 613(b) in that, despite having the opportunity to do so, Patent
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`Owner did not provide Mr. Lipoff with any allegedly inconsistent statement or
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`provide him an opportunity to address it in his testimony. Moreover, since Patent
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`Owner did not properly attempt to use this Exhibit during Mr. Lipoff’s deposition,
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`Petitioners had no opportunity to examine Mr. Lipoff about this Exhibit.
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`Exhibit 2014 is further objectionable in that it constitutes hearsay under Fed.
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`R. Evid. 802, to which no exception has been (or can be) shown to apply.
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`Moreover, Exhibit 2028 has not been authenticated as required by Fed. R. Evid.
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`901, and has not been shown to be (and is not) self-authenticating.
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`IPR2015-00635
`U.S. Patent No. 5,563,883
`Respectfully submitted:
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`/s/ Andrew R. Sommer
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`Andrew R. Sommer (Reg. No. 53,932)
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`T: (202) 282-5000
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`Jonathan E. Retsky (Reg. No. 34,415)
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601-9703
`T: (312) 558-5600
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`Attorneys for Petitioner ARRIS Group,
`Inc.
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`/s/ Michael J. Turton
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`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
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`Attorneys for Petitioner Cox
`Communications, Inc.
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`Dated: November 12, 2015
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`NY:1763556.1
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`§ 42.6(e)—CERTIFICATION OF SERVICE
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`In accordance with § 42.6(e)(1), the undersigned certifies that on the 12th
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`day of November 2015, the above PETITIONER’S FIRST SET OF
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`OBJECTIONS TO PATENT OWNER’S EXHIBITS, NOS. 2023-2028 was
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`served, via electronic mail upon the following counsel for Patent Owner,
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`Respectfully submitted,
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`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioner ARRIS Group,
`Inc.
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`Walter E. Hanley, Jr.
`whanley@kenyon.com
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`David J. Kaplan
`djkaplan@kenyon.com
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`David J. Cooperberg
`dcooperberg@kenyon.com
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`Dated: November 12, 2015
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`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
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`NY:1763556.1
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