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Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`LUMENTUM HOLDINGS, INC., LUMENTUM, INC., and
`LUMENTUM OPERATIONS LLC
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner.
`_____________________
`
`Case IPR2015-00731
`Patent RE42,368
`_____________________
`
`
`
`
`
` TRANSMITTAL LETTER ACCOMPANYING
`SUBMISSION OF EXHIBIT 2035
`
`

`
`On February 2, 2016 Petitioner, Lumentum Holdings, Inc. et al., and Patent
`
`Case IPR2015-00731
`Patent RE42,368
`
`
`
`Owner, Capella Photonics, Inc., spoke with the Patent Trial and Appeal Board on a
`
`conference call regarding the following items:
`
`(1) compelling Petitioner to comply with routine discovery to serve and file a copy
`
`of the “Schedule 5.5(A)” that is relied on and cited in footnote 2 of Papers 20 and 21
`
`of IPRs 2015-00739 and 2015-00731, respectively (motions to re-caption the
`
`proceedings); and
`
`(2) the Board’s guidance on whether it had jurisdiction to institute trial on August
`
`25, 2015 in both IPR 2015-00739 and 2015-00731 since JDSU, the only entity
`
`identified in the respective petitions as the real party-in-interest, had ceased to exist
`
`as of August 1, 2015 and the mandatory notices were not updated for 45 days – not
`
`until September 15, 2015.
`
`Accordingly, Patent Owner, Capella Photonics, Inc. has submitted the full
`
`transcript of the conference call discussing these items as Exhibit 2035 in
`
`- 2 -
`
`
`
`IPR2015-00731.
`
`
`
`

`
`Case IPR2015-00731
`Patent RE42,368
`
`
`
`Respectfully Submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. 43,447
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, NW
`WASHINGTON, D.C. 20005
`(202) 371-8645
`Counsel for Patent Owner
`
`
`
`- 3 -
`
`
`
`Date: February 4, 2016
`
`
`
`
`
`
`
`
`

`
`Case IPR2015-00731
`Patent RE42,368
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that the foregoing TRANSMITTAL
`
`
`
`
`
`LETTER ACCOMPANYING SUBMISSION OF EXHIBIT 2035, PATENT
`
`OWNER’S UPDATED EXHIBIT LIST PURSUANT TO 37 C.F.R. § 42.63(e),
`
`and EXHIBIT 2035 were served electronically via e-mail on February 4, 2016 in
`
`their entireties on the following counsel of record for Petitioner:
`
`Walter C. Linder (Lead Counsel)
`Kenneth Liebman (Back-up Counsel)
`Paul Sherburne (Back-up Counsel)
`FAEGRE BAKER DANIELS LLP
`90 South Seventh Street, 2200 Wells Fargo Center
`Minneapolis, MN 55402
`walter.linder@FaegreBD.com
`ken.liebman@FaegreBD.com
`paul.sherburne@FaegreBD.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`Jason D. Eisenberg
`Registration No. 43,447
`Counsel for Patent Owner
`
`Date: February 4, 2016
`
`1100 New York Avenue, N.W.
`Washington, D.C.20005-3934
`(202) 371-2600
`
`
`- 4 -

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