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UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`___________________
`
`Case IPR2015-00726
`Patent RE42,368
`___________________
`
`
`
`
`TRANSMITTAL LETTER
`ACCOMPANYING SUBMISSION OF EXHIBIT 2009
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`
`
`
`
`
`
`
`EXHIBIT LIST
`
`Case IPR2015-00726
`Patent RE42,368
`
`Ex. No.
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`2007
`
`2008
`2009
`
`Description
`Patent Owner Response, Cisco Systems, Inc. v. Capella Photonics,
`Inc., Case IPR2014-01166, filed May 7, 2015.
`Clifford Holliday, Components for R-OADMs ’05 (B & C
`Consulting Services & IGI Consulting Inc. 2005). (“Holliday R-
`OADMs”)
`WavePath 4500 Product Brief, accessed at
`http://www.capellainc.com/downloads/WavePath%204500%20Prod
`uct%20Brief%20030206B.pdf. (“WavePath”)
`Cisco’s Renewed Motion and Memorandum in Support of Motion
`for Stays Pending Final Determinations of Validity by the Patent
`Office, Capella Photonics, Inc. v. Cisco Systems, Inc., Case No. 14-
`cv-03348-EMC (N.D. Cal.), filed February 12, 2015. (“Cisco’s Mot.
`for Stay”)
`Order Regarding Cisco’s Pending Motion for Litigation Stay
`Pending Inter Partes Review, Capella Photonics, Inc. v. Cisco
`Systems, Inc., Case Nos. 14-cv-03348-EMC, 14-cv-03350, and 14-
`cv-3351 (N.D. Cal.), ordered March 3, 2015. (“14-cv-03348 Slip
`op.”)
`U.S. Patent No. 6,768,571 to Azarov et al. (“Azarov”)
`The Random House Dictionary of the English Language, 1987, pp.
`404, 742 (“Random House Dictionary”)
`Provisional Patent Application No. 60/267,285 (“’285 provisional”)
`Transcript of Patent Trial and Appeal Board Conference Call for
`Cases IPR2014-01166 (merged with IPR2015-00816), IPR2014-
`01276 (merged with IPR2015-00894), IPR2015-00726, and
`IPR2015-00727, dated September 23, 2015.
`
`- i -
`
`

`
`
`
`
`
`Case IPR2015-00726
`Patent RE42,368
`Patent Owner Capella Photonics, Inc. hereby files the transcript of the
`
`
`
`September 23, 2015 conference call as Exhibit 2009.
`
`Respectfully submitted
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Patent Owner –
`Capella Photonics, Inc.
`
`Date: September 25, 2015
`
`
`
`
`
`
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`- 1 -
`
`

`
`CERTIFICATE OF SERVICE
`
`Case IPR2015-00726
`Patent RE42,368
`
`The undersigned hereby certifies that the foregoing TRANSMITTAL
`
`LETTER ACCOMPANYING SUBMISSION OF EXHIBIT 2009 and
`
`accompanying Exhibit 2009 was served electronically via e-mail in its entirety on
`
`September 25, 2015 upon the following counsel for Petitioner:
`
`Christopher E. Chalsen (Lead Counsel)
`Lawrence T. Kass (Back-up Counsel)
`Nathaniel T. Browand (Back-up Counsel)
`Suraj K. Balusu (Back-up Counsel)
`
`cchalsen@milbank.com
`lkass@milbank.com
`nbrowand@milbank.com
`sbalusu@milbank.com
`
`
`MILBANK, TWEED, HADLEY & MCCLOY LLP
`1 Chase Manhattan Plaza
`New York, NY 10005
`
`
`
`
`
`Date: September 25, 2015
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg
`Registration No. 43,447
`Attorney for Patent Owner –
`Capella Photonics, Inc.
`
`
`
`
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600

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